Post Separation Assets!

psbresner

I separated from my wife just over a year ago and we recently sold our home and divided the proceeds equally.

I am now in the process of buying a new property with a new partner, I am quite concerned that my wife may have rights or a claim to this property. I will be divorcing her shortly.

Can you advise me on whether this would be the case.

Thanks

Paul.

loftus

I take it there is no sealed consent order?

If that is the case then your share of your new house would be regarded as one of your assets and could be included in any settlement.

psbresner

Thanks for that, No there is no consent order as yet. From what I have read and been told you can apply for one when you apply for a divorce.

Seems rather unfair that she can claim any of it.

I now have to make the decision of whether to apply online or via a solicitor.

Thanks

Paul.

nats3006

hiya just to say hope you get it all sorted out, then you can get on with your life!!

good luck for the future and all the best

pinkshoes

Well, until you get divorced, then you're still married to your ex, so technically you shouldn't be with this other woman, hence she'd have some rights to claim on your new property... tis just the way the law works, and i think she could even divorce you for infidelity!!

I'd wait until after your divorce before moving in with your new partner!! Potentially your ex could be really difficult if it went to court. HOpefully she won't be, but you have to prepare for these things and know how the law works!

psbresner

Would a separation agreement be of any use, would it be legally binding. Thus preventing her from making any claims, she has said she will goto a solicitor and sign something if I want her to.

We have both been amicable all the way through, sold our home and split the proceeds.

Thanks

Paul.

loftus

A separation agreement would give a judge in any future legal battle an indication of how you were thinking when you split and what your intentions were, and the judge can take it into acxcount when mediating on any dispute. I don't think it is legally binding though.
You seem to be handling this in an amicable fashion - do you have any reason to think this will deteriorate?
A solution to mitigating any liability you may have may be to divide the shares in your new property up and give your new partner the larger share.

psbresner

Thanks for your reply.

Yeah its all been fairly amicable and still is, I've spoken to my wife and she has no intention of making any claims. She even suggested that we go to a solicitor and sign something just to make me happy.

Thanks

Paul.