Divorce Question....

[ToraToraTora]

Can my former wife chase me financially after a decree absolute and all financial matters have been agreed? Several years later for example? Any experts about? I can't see the wood for the trees in google. We had an amicable devorce where we agreed amongst ourselves a finacial settlement at the time. Suppose either of us had a major shift in financial status could we be persued by the other? Thanks

[boxtops]

I would be surprised - for this reason, when I divorced all those years ago, we had to decide that he would have no call on my eventual pension. I have heard of people chasing up an ex eg if they have a lottery win - I think it should be all done and dusted with the decree absolute.

[RATTER15]

No I doubt it very much!

[cassa333]

Depends if your minted.

There have been a couple of cases just rescently where the ex wife hase gone to court to get more money because the ex husbansd came inot some or did a lot better. I don't recall how they ended though.

[Brinjal]

As longas you didn't hide assets or funds at the time of the divorce I shouldn't think so

[atalanta]

It is common for part of the divorce to be that both parties have to sign a document saying they have no further claims on the other. If this is not done, circumstances might arise where one partner comes back years later and makes a claim. I know of a woman whose husband deserted her and went to live abroad, with ( somehow) the bulk of the assets. She got a job, paid all the costs of the children, took over the mortgage and started paying into a pension. 10 years later he came back and said he was broke - which the court accepted - and he wanted half the value of the house. He actually won, and she had to double the mortgage. The court said she had to prove he wasn't broke, since his word on oath was taken as true. She couldn't possibly trace the "lost" assets, so she had to shell out. For heaven's sake make sure both parties have signed that "no obligations" document.

[ToraToraTora]

so what is that document called atalanta, can you point me at an example. thanks

[tonywiltshire]

The usual document to safeguard both sides is a consent order which must be fair and acceptable to the court who must approve the content of the document.

[atalanta]

If you are prepared to deal with a solicitor, ask him/her to draft a letter, stating that you are prepared to sign an agreement that both parties should abandon all possible future monetary claims on each other, providing she does the same.
Otherwise, make the offer direct. The wording should be as simple as possible, and should state
"I, Jehoshaphat Snooks, agree not to make any financial demands or claims whatsoever on Jezebel Snooks from now on, providing Jezebel Snooks agrees not to make any such demands or claims on me. " Sign and date it, get her to do the same. One copy each, for the files. After all, it would be in her interests too, to stop you claiming on any inheritance or prize she may receive in the future.

[ToraToraTora]

ok thanks for that.

[tonywiltshire]

A properly drawn consent order can do far more than stated above. I have lifted the following from the Gov UK site.

“You need to get a solicitor to draft a ‘consent order’ if you want to make an agreement legally binding.
This is a legal document that confirms your agreement, and can include details on how you are going to divide up your assets, including:
money
property
savings
investments
It can also include arrangements for maintenance payments, including child maintenance.
You and your ex-partner both have to sign the draft consent order.
Both of you also need to fill in:
a notice of an application for a financial order
a statement of information form
Send these forms to the court with the draft consent order attached. Keep your own copies.
A consent order costs £45.
A judge will approve the agreement to make it legally binding if they think it’s fair and reasonable.”

If you are not using a solicitor and in these days of very limited legal aid there will be far more people not using a solicitor particularly since 01-04-2013, when the Legal Aid & Sentencing of Offenders Act came into force, there is a Consent order kit available from the Family Law Courts for those people involved in DIY.
I see a very large growth of Self Representing Litigants, which used to be called Litigants in person, in many areas of the law.

[ToraToraTora]

Thank you Tony, we have already decided and a agreed all those things as part of the process to the decree absolute, is that equvalent to what you are suggesting?. What I'm really asking is, is that the end of it? If not is there a time limit for when it is? I'm wondering about future changes of circumstances for either of us, is there a cut off point, eg if I win the lottery in 2025 can she come after it? and vice versa?

[jno]

unless there's a time limit mentioned in the document (and why would anyone sign it if there was), I would have thought it remained in force indefinitely. But I'm no specialist.

[ToraToraTora]

which document jno?

[ToraToraTora]

I mean is there a time beyond the actual date of divorce beyond which no action is possible?

[cathfromsaron]

unlikely x

[FredPuli43]

Rather depends what the order says, Tora. If it is for a lump sum settlement then , in the absence of fraud in concealing the true worth of one party, it's meant to be final. Courts like those. If the order is for regular maintenance, this order may be for a small or even nominal sum, or it may be for a substantial sum, or anything in between, but the understanding will be that it may be varied if there is a significant change in the circumstances of the parties.

Whichever it is, no order will be granted until the Court is satisfied that the arrangements for the children are adequate.

[millerxxx]

go for 100 percent clear break

[tonywiltshire]

If it is properly drawn up that is the end of it. I do hope you win the lottery before 2025.

[guilliebrougues]

If the judge awards a certain amount to be paid either weekly or monthly to the wife/husband and children, then this amount can be increased at any time during the lifetime' or at least where children are involved until that chid/ren reach the ages of 18. .