Divorced in 1997. Ex husband due to remarry this August.

[slonie]

Hi,

I got divorced in 1997, and dont think there was a clean break order done at the time. There was no financial order, or support for our daughter sorted out (as far as i can remember). After many house moves, i no longer have all the paperwork, only a copy of the decree absolute. The court where it was issued dont have the documents anymore as they are destroyed after 18 years. The solicitors who managed the divorce went bankrupt and closed down, and the papers were destroyed.

So, there is no record of any financial orders, or clean break orders that i can access from anywhere.

My question is ...... is there any chance at all, that at any point after he gets married in August, he can come back to apply for half of anything that i might have. (ie, lottery win, or windfall, or things left in a will?)

Thanks in advance.

[SandraF]

Hi Slonie, if there was no clean break approved at the time after your divorce by the courts, this means that financial claims are open against each other (you and ex-husband) and he could make a financial claim at any time (the back door must be closed). Where the courts have not discharged any financial claims, this means that you or your ex-husband could make an application for a financial remedy order. Financial claims can be discharged against each party when the court has either made an order in respect of this or the remarriage trap applies. Hope this helps and keep us updated as it helps others who may be in the same situation now or in the near future.

[SandraF]

Although I am a family lawyer,, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Good luck

[slonie]

Financial claims can be discharged against each party when the court has either made an order in respect of this or the remarriage trap applies.

So, for me to be clear. If he remarries (which he did do last weekend), at that point, he can no longer come back for any financial gain. Is my understanding on that correct?

Thanks

[SandraF]

When going through divorce proceedings, it is of crucial importance to ensure that all financial matters have been fully resolved before considering remarriage –because he didn't do this, the remarriage trap will apply because he has failed to resolve financial matters with you. The legal position is that following a divorce, the Matrimonial Causes Act ensures that, should either party remarry without dealing with their financial claims, that party will not be entitled to apply for a Financial Provision Order or Property Adjustment Order in their favour against their ex-spouse, i.e. you.

So yes he cannot make an application for any financial gain. hope this helps

[slonie]

Hi Sandraf,

Thank you so much for clearing that up for me, its very much appreciated, and i am relieved now he went ahead and remarried. I can rest easy.

[SandraF]

I am happy if you have a clear mind now and can rest. Regards

[Jinxer]

What would happen if he won the lottery though, would slonie be able to go after him for a financial claim

[SandraF]

He cannot make any claims because of the remarriage trap (he has gone ahead and married) but Slonie can because she is not yet married. Hope this helps