I’m divorced so can my ex bring a claim against me?

Many people going through divorce believe that once they receive their Decree Absolute, there is nothing further to consider.  They believe that neither they nor their ex-spouse can make any financial claims against them. Our divorce solicitors in Leicestershire suggest why such people would be wrong.

The Decree Absolute simply means that the marriage has been brought to an end and the parties are now divorced.  It does not mean, however, that their rights to make financial claims against each other are at an end.  Instead, it may still be possible for ex-spouses to apply to the court for orders for:

  • maintenance,
  • capital sums,
  • orders in respect of property
  • and also orders in respect of pensions.

These claims can be brought many years after the parties have been divorced, as happened in the well-publicised case of Vance v Wyatt where a former wife brought a claim against her former husband over twenty years after they were divorced and when his financial circumstances had improved considerably in the intervening years.  Claims can also be brought against the estate of a former spouse if they fail to make reasonable provision for them in a will, or if they die intestate.

In order to prevent financial claims being brought in the future, there needs to be an order dismissing each former spouse’s rights to make financial remedy applications.  This is often referred to as a “clean break” order.

To find out whether a “clean break” order is right for you, and to find out generally what your options are on divorce when it comes to financial and property issues, the family team at Josiah Hincks is ready and waiting to help you.

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