Pension After Divorce.

Gravesy64

Hi, first time poster.
Divorced my ex wife 5 years ago on grounds of adultery.
Kids stayed with me.
Tried to sort out financial settlement during divorce proceedings but she never responded to any request, as there were family debts,I suspect this was to avoid paying anything back so I ended up with all debts and entering an IVA whilst she walked away scott free.
She has since re-married and given up work so I now do not receive any child maintenance.
I have also re-married.
My question is can she still make a grab for my pension ?? At the time of the divorce my solicitor said after her initial refusal for a financial settlement that it was in my best interest for me to leave it as the longer she left it the less likely she would be entitled to make a order on my pension.
Anyone had any experience on this?

Rubik

As she has now remarried, she is barred from making an application for ancillary relief (financial settlement) (as are you) - so your pension is safe.

TBagpuss

As Rubik says, as she has remarried she would not be able to issue an application for a financial settlement.

You might be able to do so, if you ticked the appropriate boxes on the divorce petition, and if you did, then the court could then consider her position as well. But it doesn't sound as though you would want to!

Gravesy64

I do recall my solicitor stating that I should have something left open to me I case my financial situation worsened and then I could go back for assistance from her. To be honest she can drop dead as far as I'm concerned. I'm just worried about my work pension.

margaretclare

Was it a 'clean break' divorce?

As I understand it, if it was then neither party can make any claim on the other in the future.

Gravesy64

As far as I'm aware it's not a clean break because she did not entertain any financial settlement at the time.

TBagpuss

For there to be a clan break there needs to be a formal financial order. This is separate to the divorce itself and never happens automatically, there would always be a separate order and you would have to have signed an application.