If I buy a new house can my ex claim

[Deleted User]

davidmcn wrote: »

If it's not a matrimonial home and he's not contributed towards the costs I can't see what claim he'd have.

In England and Wales if there isn't a clean break order, divorce on its own is not sufficient, there has to be a clean break order too, then the (ex) spouse can still make a claim on any future income and assets of the other party.

Nigel Page had been divorced from his wife for 10 years when he won £56m in the Euro Millions lottery but there was no clean break order and so his ex wife took him to court for a share of his win and he settled with her out of court for £2m.

I cannot understand why people separate but don't get divorced and get a clean break order. The number of separated couples that are still financially linked to exes years later who post on this forum because one party is still screwing up the other's finances is extraordinary to me.

AdrianC

Lover_of_Lycra wrote: »

Nigel Page had been divorced from his wife for 10 years when he won £56m in the Euro Millions lottery but there was no clean break order and so his ex wife took him to court for a share of his win and he settled with her out of court for £2m.

We have no way of knowing how the court case would have gone.

It seems crazy that the claim would have succeeded, so long after the divorce, especially where there's absolutely zero link between the relationship and the money. If the money had come from the sale of a business built up during the relationship, then...

bouicca21

Get over to wikivorce for advice, and get started on divorce proceedings and a financial settlement.

[Deleted User]

AdrianC wrote: »

We have no way of knowing how the court case would have gone.

It seems crazy that the claim would have succeeded, so long after the divorce, especially where there's absolutely zero link between the relationship and the money. If the money had come from the sale of a business built up during the relationship, then...

Why would it be crazy? There was no clean break order. If clean break orders have no importance why do divorcing couples need to bother with him? Why not just save themselves a few quid and forgo them altogether?

He must have thought she had a reasonable chance of being awarded something or he wouldn't have settled.

Dale Vince started his business Ecotricity after he had divorced his wife in 1992 and she was able to make a claim against him 20 years later because there had been no clean break order at the time of divorce.

https://www.boodlehatfield.com/the-firm/articles/wyatt-v-vince-20-year-divorce-settlement-and-fees/

Yalpsmol

I cant quote on my phone, but AdriancC:

https://www.google.com/amp/s/www.telegraph.co.uk/news/2016/06/10/millionaire-tycoons-ex-wife-awarded-six-figure-payout-even-thoug/amp/

There was a child involved though and I havent read the full ruling so I dont know if that was relevant.

AdrianC

This, on the Page case, suggests it's nowhere near as simple as "a clean break order".

https://www.wilson-nesbitt.com/news-updates/Divorce/3432/Lottery-winner-forced-to-pay-2m-to-ex-wife

Page's payment seems to have been more around the fact that he had a maintenance agreement in place for their daughter, who was in the ex's custody, which suggests the £2m was more part of the daughter's maintenance than the divorce itself.

Vince seems never to have come to any financial arrangement at all as part of the original divorce - and they agreed out of court to settle for £300k - out of which the ex had to pay her own legal costs - from £107m estimated wealth.

[Deleted User]

AdrianC wrote: »

This, on the Page case, suggests it's nowhere near as simple as "a clean break order".

https://www.wilson-nesbitt.com/news-updates/Divorce/3432/Lottery-winner-forced-to-pay-2m-to-ex-wife

Page's payment seems to have been more around the fact that he had a maintenance agreement in place for their daughter, who was in the ex's custody, which suggests the £2m was more part of the daughter's maintenance than the divorce itself.

Vince seems never to have come to any financial arrangement at all as part of the original divorce - and they agreed out of court to settle for £300k - out of which the ex had to pay her own legal costs - from £107m estimated wealth.

Why are you finding it so difficult to accept that without a clean break order an ex, even if divorced, has a claim on any future income and assets?

AdrianC

Yalpsmol wrote: »

I cant quote on my phone, but AdriancC:

https://www.google.com/amp/s/www.telegraph.co.uk/news/2016/06/10/millionaire-tycoons-ex-wife-awarded-six-figure-payout-even-thoug/amp/

There was a child involved though and I havent read the full ruling so I dont know if that was relevant.

No mention in that piece of Vince having children with Wyatt - but this piece does confirm that there was...
https://www.theguardian.com/commentisfree/2015/mar/13/dale-vince-moved-on-from-child-divorce
...but the child would have hit 18 in 1998, before Vince made any real money.
https://www.ecotricity.co.uk/about-ecotricity/our-history/1998

Skiddaw1

OP, If I were you I'd start divorce proceedings asap. If your ex agrees with the divorce it'll be straightforward being as you've been separated for more than two years. Either way, I should get onto it sooner rather than later. So much easier if you're no longer linked in any way.

theartfullodger

That would depend on the law when your ex makes their claim: Which we don't know what it will be. Nothing to stop a government bringing in legislation stating ex-spouses have a right to 50% of other half's assets..



Unlikely but possible: More likely a lower % (I've been married 3 times)