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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1370
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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The former marital home is in his name. We had an amicable

Customer Question

The former marital home is in his name. We had an amicable arrangement and divorced in friendship and understanding. No financial settlement. He worked for a major bank for 25 years is now 61 and it felt inappropriate to seek his pension or funding as we were I thought, joint parents and friends. Since he has entered into a new relationship he appears to be confrontational and arrogant towards me The divorce was an internet quickie divorce and I do wonder now if there could be a re consideration around his pension in light of his behavior we do however have an absolute - just a thought as I feel my decency and generosity has been violated. Am i legally trespassing if he opened the door to his property and I stepped in. Am I able to re visit the divorce re finances now we have an absolute. We have been apart 8 years and dovorced after 5.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - when decree absolute was pronounced - was there any order made in respect of the matrimonial finances? was there a clean break order? or o order at all? - have you remarried? - who applied for the divorce you or your ex? Kind Regards Caroline
Customer: replied 2 years ago.
I have not re married. I applied for the divorce. He has not re married. No order (he had accrued debt I just wanted an ending) it was quickie divorce on line . The absolute was pronounced 2/3 years ago - need to check paperwork for the month.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Thank you for confirming that for me. It is still technically possible for you to make a claim in respect of the matrimonial finances as long as1) no order was made in respect of the matrimonial finances at the same time as the divorce proceedings and2) you do not remarry. You would likely recall if there was an order in respect of the matrimonial finances as you would have had to sign a consent order and also would have had to fill out financial information on another form. It is however a good idea to check if you are not sure. There are cases of financial orders being made some years after decree absolute being obtained so you are not disbarred from making a claim in respect of the current timescales you have mentioned. In respect of the former matrimonial home - as this is in your ex's sole name - and because you have obtaied decree absolute - you have no right to occupy the house. This does not prevent the home being included as an asset in respect of a matrimonial finances claim. There is a set procedure for making a claim in respect of the matrimonial finances. Yourself and your ex need to exchange full and frank disclosure detailing all assets and liabilities. Marriages over 5 years are considered lengthy marriages and therefore the starting point for division is normally 50/50. There are lots of factors that could lead to a departure from this rule and these are set out in Section 25 of the Matrimonial Causes such as the earning capacity for both of you for the future, future health needs, main carer of children etc etc Whilst I note that you consider that there was debt in the marriage if in fact the house had equity during your marriage and given the fact that your husband had a pension then it is still worth considering a claim - especially if you have no pension yourself. The disclosure stage will help you in respect of knowing more about the values. Before you can make an application to court - you have to refer matters to Family Mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Mediation will help you and your ex in respect of disclosure and the negotiations about division. If agreement cannot be reached at Mediation or your ex wont engage - then you can make an application to the Family Court - staring by lodging at court - Form A - which the mediation will have signed for you to confirm that mediation has been unsuccessful. Please do not hesitate to ask if I can clarify anything for you. Kindest Regards Caroline Please kindly remember to star rate the service so that we receive credit for helping you today