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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22854
Experience:  Senior Partner at Berkson Wallace
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I need financial advice re divorce, We separaated about 5

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i need financial advice re divorce
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We separaated about 5 years ago, and he gave me half house proceeds plus a little more to buy a house nearby. /he also gave me some money which he said was my pension entitlement but I have no written evidence. He has now come into money and is on a full pension - I gave up work to look after the children so haven't a full pension The divorce is due to g=go though on 19 Nov
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: family Cpurt Newport
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the seperation was on the grounds of living apart for five years, uncontested
Customer: replied 16 days ago.
i dont know what is happening here

I appreciate there was no formal order five years ago but do you accept that at the time you took this in full and final settlement?

 

Because he has now come into some more money for whatever reason, do you have reason why you feel you may want some more money from him?

 

Please confirm that you are not remarried or cohabiting. Thank you

Customer: replied 16 days ago.
We agreed it at the time because neither of us had any reason to actually get divorced and up until this year he gave me money and support when needed. However, he lost his job and has fought for and received a big settlement. And he is in another relationship and his money and support is going there.
I am have been supporting our daughters financially and emotionally ( he gave and lent them some money too, to help them move house).
I am wondering if I should be receiving more of his pension as mine is half his as I looked after our children and couldn't get a full time job after that?.
And am I entitled to any of the big pay out? I'm living off my savings,

He says he gave me £32k to help me buy my house which is £200 for 13 years....
Customer: replied 16 days ago.
I would prefer you typed your answer to the above as it is fairly simple and I am broke!!

I am happy to continue on here. Telephone call is optional.

What the court would look at, if you went back to court for more money from him is whether you agreed what happened all those years ago in full and final settlement and whether you had simply now changed your mind and wanted more because he had come into money.

Basically was there an agreement and have you now changed your mind?

It is not unknown for impoverished spouses to come out of the woodwork years after the event and make a claim for a chunk of money from their latterly enriched spouses. The person making the claim must not be married again and if they cohabit, it greatly reduces the amount of the claim they would get. It’s based upon need and not about equalising incomes.

There is no legal aid for this and you either DIY or use solicitors.

I think you potentially have a claim but it may be hardfought

Customer: replied 16 days ago.
Thank you for your help

I am glad to have helped. If you could help me by using the rating service, that would be brilliant because that’s gets me paid. Thank you.

PS the thread does stay open if anything else crops up.

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