Windfall after divorce

TP79

My ex and I divorced over 10 years ago, we have. Both remarried, at the time we divorced we didn’t have a clean break order. I am hoping to receive a bit of a windfall, can my ex claim any of this??
Thanks for you help

mgdavid

Potentially maybe - but how would he know?

TBagpuss

Maybe.

Who issued the divorce?

If you issued the divorce, and there was never any application made for a finacial order, then your husbband could not apply to court, becuase he lost the right to start proceedings when he remarried.
If he issued the divorce, *and* ticked the box on the petition to say he wanted to make a finacial claim, he could potentially do so.

If someone makes a claim for a financial order, the court has to consider what is a fair outcome, and are entitled to take into account all relevant factors, which in this case would include the fact that you have been divorced for 10 years, have both remarried and that the windfall is, presumably, coming from 'outside' the marriage (e.g. inheritance or lottery win), not from assets built yup while you were married.

It's always a good idea to have a financial order, to avoid this kind of worry, but it is fairly unlikely that he would be able to claim successfully, particularly if he is in a reasonable financial position himself now..