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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I divorced 3 years ago. I have two children. I am in relationship

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I divorced 3 years ago. I have two children. I am in relationship with a new partner for the last two years. I am going to apply to the court for financial and concent order and my solicitor asked me to provide her with my financial disclosure. It includes my bank statements for the last 12 month, savings, pension etc. plus my outgoings and details of my new partners income and capital pension. we dont have any savings or investments together. The only property we have together is a house where I live at this moment and I want to sell it but my ex husband didnt give me his agreement Because he refused to sign a clean break.
My ex-husband is self employed and on a low income. He payes £30.00 a month maintaince.
My new partner is on a very good capital position with high income.
I didnt provide my solicitor with statement information yet because of my concerns. I dont know :
- is my solicitor/court going to share my financial information with my ex husband or not?
- would he be able to use it agains me if he wanted one day to apply for support from me?
- Can he claim against my partners income if we are living together
- What if in the future my ex-husband claims disability allowance, can he claim against me then?
Hi, thank you for your question. I am a qualified family law solicitor.
In response to your questions,
1. During financial negotiations you will need to disclose your financial documents to your ex-husband and he will need to do the same. This is to ensure that there is full and frank disclosure regarding each parties' position when reaching an agreement.
2. Yes, he will base his negotiations on your disclosure and his needs
3. Your new partner's income will only be relevant to a certain extent, for example in relation to your income needs as it will be presumed that your new partner can support you. Your ex-husband cannot make a claim in relation to your new partner's assets or income.
4. Even if your ex-husband is in receipt of disability living allowance this will not prevent him making a financial claim against you as a result of your marriage. The only way to end all financial claims is either by him remarrying or the court granting a final order or a clean break order.
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Customer: replied 2 years ago.

Expenses will change next month, and then significantly in 1 year when we get a mortgage together, What do I put on the form?

Also, my partner's ex wife has a disabillity, he does not have a clean break. He pays her maintenance for his children. Can she claim against him, how much would it likely be in oercentage. It's possible that she may never work.

If expenses are going to change in the next 12 months then this needs to be disclosed as part of the negotiations and disclosure.
The same will be the case with your partner's ex-wife and a financial relief claim can be made by her against him until her remarriage or a final order or clean break order is made.
Unfortunately it is difficult to provide details of what kind of settlement could be made but the court will look at both parties' income, assets and their needs when deciding a settlement.
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