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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I divorced in 2011 and remarried in 2012 but there was no

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I divorced in 2011 and remarried in 2012 but there was no formal financial settlement. It recently came to light that my ex husband had been putting money from our joint account into a personal account which i knew nothing about. Looking back over the settlement, I received only around 25-30% of assets and had given up a career to look after our children which I had to continue to do yet my ex was still able to work full time earning a good salary.
I know there are rules about adjustments etc after you marry but in my divorce papers it states under Prayer, section 3 Ancillary Relief:
That the petitioner (me) may be granted the following ancillary relief
An order for maintenance pending suit
A periodical payments order
A secured provision order
A lump sum order
A property adjustment order
An order under section24B, 25B or 25C of the Act of 1973 (pension Sharing/Attachment Order)Does the above mean, despite remarrying, that I can still apply for an adjustment?Kind regardsSamantha

Hello Samantha

Welcome to Just Answer

I am a Solicitor and will assist you.

I can confirm that your logic is correct from the information that you have provided.

I understand that you have remarried but that it was your divorce petition to the court and that you completed the prayer on the divorce petition. By completing the prayer you have already provided the court with your intention to make a claim in relation to the matrimonial finances and by doing this you have preserved your right to make a claim even though you have remarried.

As there was no previous court order made in relation to the matrimonial finances then you are still able to seek an order now.

The first thing you need to do is to refer to family mediation. You have to do this before you can make an application to the court in relation to the matrimonial finances otherwise the court will reject your application.

Google family mediation in your area and give them a call to self refer.

Mediation will try and help you both through full disclosure and also discussions about divisions. If agreement can be reached at mediation then this can be prepared into a consent order and submitted to the court for approval. This will become legally binding once approved.

If agreement cannot be reached at mediation then the mediator will sign the form that you need to apply to court for a financial order.

kind regards

Caroline

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Customer: replied 3 months ago.
Thank you. Am I entitled to claim a share of his redundancy which went into a joint account, before he transferred into his personal account? Am I entitled to a share of his personal account? The redundancy was about 3-4 years after we divorced? Thanks.

Hello

Thank you for your response

The matrimonial assets includes all of the assets and liabilities for both of you so both your current financial positions are going to have to be fully disclosed.

Your ex can argue that any post divorce assets should not be included and set aside. The court has a really wide discretion in this regard and will try its best to meet both of your needs from the available assets and if there is insufficient to meet both your needs from the assets not including the post divorce assets then a Judge can decide to include the same.

kind regards

Caroline

Customer: replied 3 months ago.
Ok that's great thanks. One last question. If the equity from his house sale went into a big extension on his girlfriend's house, what happens in this case? Thank you.

Hello

You can still argue that because the asset from the matrimonial home went into it that a share of it is matrimonial property.

kindest regards

Caroline

Customer: replied 2 months ago.
Hello, with financial disclosure I have to disclose my joint bank account that I have with my new husband. Can I redact any payment relating to him as this should be a disclosure of me and my husband?

Hello

No - you cant redact anything. It would look suspicious like you were trying to hide something. Everything would have to be explained but you could explain the position about payments relating to him.

kindest regards

Caroline