Post Divorce Financial Claims
Dividing the financial assets between separating or divorcing spouses is crucial to avoid future claims. Our expert Post Divorce Financial Claims Solicitors in Cheshire can help you produce a formal court order and support you to ensure your interests are protected.
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A Post-Divorce Financial Claim is often an unpleasant surprise, and requires expert legal protection.
When you divorce your spouse, or dissolve a civil partnership, you go through the dissolution of your relationship, but did you know this does not remove your financial obligations to one another in England and Wales? Neglecting to formally divide financial assets can lead to problems later down the line.
That’s where our expert family law team can help. The only way to guard against your ex-spouse making a Post-Divorce Financial Claim is to conclude proceedings with a financial court order. At Rowlinsons we can help you obtain this to ensure your financial agreement is legally binding and its terms are enforceable by the court.
With years of experience helping people going through a divorce, we understand it’s a difficult time emotionally. That’s why we carefully guide you through the process to get the best outcome with minimum conflict. As members of Resolution we’re committed to a non-confrontational process to keep proceedings as amicable as possible.
Call today or request a callback. We also have meeting rooms available in North Wales for our Family Law clients.
Divorce is complex, and sometimes there are legitimate reasons for reopening the financial proceedings. The reasons for bringing a fresh claim against an ex-spouse include:
To resolve any type of financial matters, you need to make sure you get an experienced solicitor to draft an order so that your obligations to your ex-spouse are no longer applicable.
You can only apply for a Consent Order within divorce proceedings which means you will have to have the Conditional Order granted first.
Is there a time limit to make a Financial Claim After Divorce?
There is no time limit on your right to make a claim on your ex-partner’s assets in England and Wales. There have been cases when couples have neglected to apply for an order and one party has made a successful financial claim years later.
Ideally, most couples agree to a financial settlement and both parties get on with their lives without looking back. However, without an official court order, you or your ex-spouse could be open to a financial claim further down the line.
With no time limit on spousal financial obligations, you could be open to a financial claim years, or even decades, later. This vulnerability emphasises the importance of severing financial ties completely.
What is a Financial Consent Order?
A financial consent order or financial remedy order is a document used by the courts to legally split money and assets.
Your solicitor prepares the consent order for you and your ex-partner to agree and sign then it is presented to the court for approval. Once granted, it legally binds the agreement regarding property, pensions, assets, and income making it virtually impossible for a spouse to make a further financial claim.
The court can make orders on a variety of issues including the sale or transfer of assets, childcare costs and splitting pensions. Your Family Law solicitor can advise on the best orders to apply for in your situation.
Could my ex have a Post Divorce Claim?
Without a financial order, yes, they could. The Decree Absolute or Final Order in divorce proceedings does not imply freedom from financial obligation. Your family solicitor can advise you on the best course of action if you want to protect your assets now and in the future.
On the other hand, if you’re seeking to make a financial claim on your former spouse, we can also help you with this.
If your ex-partner remarries it will limit the claims they can make on you, and vice-versa, but remarriage for both parties is not a foolproof way of dissolving financial obligations completely. This means it is essential to get legal advice before you remarry if you think financial ties were not adequately dealt with.
Confidently move on with your new life. Make sure all your financial matters are resolved at the time of divorce and they won’t come back to bite you.
How does a judge decide a financial settlement?
A judge considers several factors when deciding if a financial settlement after divorce is valid, including:
Whether you are making a financial claim post divorce, or defending your finances from an ex-spouse, we can help you build a strong case to get justice in such a distressing and complex legal matter. Contact Rowlinsons Solicitors today.
Can my ex-spouse claim my inheritance after divorce?
Inheritance is generally considered separate property and is not automatically included in the marital assets for division. However, if the inheritance has been mingled with joint marital assets (e.g., deposited in a joint account), it may be considered in the financial settlement. It is vital to seek the support of expert legal professionals to ensure your finances are structured in the safest possible way, and your inheritance is safe from unwarranted financial claims.
What is the remarriage trap?
The remarriage trap is a situation in which someone who has recently divorced or dissoluted a civil partnership joins another marriage or civil partnership before finalising a financial order, losing the right to making a claim in the process.
These situations are unfortunately common, as many find themselves struggling with loneliness after the breakdown of a relationship and seek companionship shortly after the fallout. To avoid this, you should always seek expert legal advice following a divorce and before joining a new marriage or civil partnership to ensure you are not forfeiting the right to claim finances or assets you may be entitled to.
There have been examples of couples who missed this step because it seemed incidental at the time considering their modest financial circumstances. However, they had to pay heavily in terms of extra court proceedings and money because a financial claim suddenly became worth pursuing.
An extreme example of a post-divorce financial claim is the case of Vince vs Wyatt. The couple married in 1981 but separated only a few years later in 1984. The divorce was finalised in 1992. A financial order was never made and at the time neither party had any money anyway.
The husband, Mr Vince, subsequently created and built up a successful green energy business. Decades after the divorce, his ex-wife was able to make a claim and after a complex and lengthy case was eventually awarded £300,000 plus her legal fees covered.
While this case is unusual it illustrates the importance of concluding financial matters with an order because you never know how your circumstances could change. With Rowlinsons, you get expert legal advice to guide you through the process so you avoid the risk of any post-divorce financial claims.
Rowlinsons Solicitors can help you reach the best outcome thanks to our proactive and compassionate approach. Our team of Financial Settlement Solicitors is approachable, friendly and professional.
Our expertise in mediation and amicable resolution means we will always aim to avoid animosity, and resolve all issues out of Court. However, we have years of experience dealing with complex Court cases, and are happy to support you through the process if necessary.
You will receive the best legal expertise available, no matter what the situation. Our client satisfaction is renowned across the UK, and we pride ourselves on the results we have brought to many families.
With expert Family Law & Divorce Solicitors based in our Runcorn and Frodsham offices, we are recognised as one of the leading teams of Divorce Solicitors in Cheshire. We regularly help clients throughout the Northwest region including St Helens, Widnes, Warrington, Chester, and Northwich. We are able to act for clients right across England and Wales, so talk to our team today.
Contact us for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales for Family Law clients.
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