Financial Clean Break

laurenjade1982

Hi, I’m hoping this is in the right place. Apologies if not. 

I was married for 12 years, which ended in 2017, officially divorced end of 2018. We have 4 children together (now 16,13,11,10). My ex husband didn’t want a financial clean break and I didn’t have anything worth fighting for! 

I re-married Dec 2019. 

My Gran passed away July 2021, and left me her house. I wasn’t aware that it was just for me, but it was. Last few weeks the house has sold for 300k and today I’ve found out he is asking for money to sign a financial clean break, but I was under the impression that either of us re married he wouldn’t be able to get anything? 

I’m waiting for a solicitor to call me back (after he rang round a few so conflicting me out!) but I wondered if anyone knew anything to help in the meantime? 

Scorpio33

If you re-marry, you can't get anything of his, and if he re-married, he can't get anything of yours.

As you have remarried and he hasn't, he is entitled to a share of your current assets without the clean break order.

Thats the danger of not having a financial clean break.

See the case of Nigel Page, who won £56m on Euromillions post divorce and had to pay his ex £2m, even though they had been divorced for 10 years.

ABFG

Caveat - Not a lawyer but have had advice from them.

It depends, there can be a financial settlement without having a clean break. The divorce is done, but when it was done (or subsequently) has there been a financial settlement? You would have filled in a few forms and the issues of spousal maintenance and division of assets would have been taken care of. A clean break may or may not be part of the financial settlement.

If the financial settlement was done, then I believe he can ask for recalculation of any ongoing spousal maintenance and some other provisions. If there was no settlement, then everything is still on the table for division, all your assets and all of his. However, as you have remarried, this changes what you are entitled to.

Either way, good legal advice is essential as who would be entitled to a share of what and how much of it is governed by the details of the case.

TBagpuss

Scorpio33 said:

If you re-marry, you can't get anything of his, and if he re-married, he can't get anything of yours.

As you have remarried and he hasn't, he is entitled to a share of your current assets without the clean break order.

Thats the danger of not having a financial clean break.

See the case of Nigel Page, who won £56m on Euromillions post divorce and had to pay his ex £2m, even though they had been divorced for 10 years.

Actually, the bolded is not accurate.

If you re-marry, you cannot issue a new application to make financial claims against him (except potentially with permission of the court) However, if he issues a claim against you, then the court is free to make whatever settlement it sees fit.

If you were the petitioner in the divorce proceedings then on your divorce petition, you may have ticked the box saying that you wished to make a financial claim in which case you can still proceed with that regardless of having remarried.

If he does make a claim, the court has to decide what is a fair outcome, taking into account factors such as your respective needs , resources etc. It is generally difficult to satisfy a court that it is fair to have a claim against an inheritance, particularly when it has not been intermixed with joint assets (such as being used to pay a  lump sum off a mortgage on the family home) although he could argue that there were some assets from the marriage ad that he now wants to claim against those. 

Of course, if he starts a claim then he will have to disclose his assets, including things such as any property or savings he has, and any pensions in his sole name. 

You say you have heard - have you had a formal solicitors letter? 

tightauldgit

laurenjade1982 said:

Hi, I’m hoping this is in the right place. Apologies if not. 

I was married for 12 years, which ended in 2017, officially divorced end of 2018. We have 4 children together (now 16,13,11,10). My ex husband didn’t want a financial clean break and I didn’t have anything worth fighting for! 

I re-married Dec 2019. 

My Gran passed away July 2021, and left me her house. I wasn’t aware that it was just for me, but it was. Last few weeks the house has sold for 300k and today I’ve found out he is asking for money to sign a financial clean break, but I was under the impression that either of us re married he wouldn’t be able to get anything? 

I’m waiting for a solicitor to call me back (after he rang round a few so conflicting me out!) but I wondered if anyone knew anything to help in the meantime? 

The bad news is that since you don't have a clean break agreement then of course he can make a claim. The good news is that inheritance received 4 years after you split is going to be classed as a non-matrimonial asset and thus while it would be considered as part of your financial position by the court it wouldn't under normal circumstances form part of the asset pot to be divided. 

If you exclude the inheritance what other assets do you both have to be split? If you were to split them 50/50 would one or the other of you be better off?  

WickedWitch123

tightauldgit said:

laurenjade1982 said:

Hi, I’m hoping this is in the right place. Apologies if not. 

I was married for 12 years, which ended in 2017, officially divorced end of 2018. We have 4 children together (now 16,13,11,10). My ex husband didn’t want a financial clean break and I didn’t have anything worth fighting for! 

I re-married Dec 2019. 

My Gran passed away July 2021, and left me her house. I wasn’t aware that it was just for me, but it was. Last few weeks the house has sold for 300k and today I’ve found out he is asking for money to sign a financial clean break, but I was under the impression that either of us re married he wouldn’t be able to get anything? 

I’m waiting for a solicitor to call me back (after he rang round a few so conflicting me out!) but I wondered if anyone knew anything to help in the meantime? 

The bad news is that since you don't have a clean break agreement then of course he can make a claim. The good news is that inheritance received 4 years after you split is going to be classed as a non-matrimonial asset and thus while it would be considered as part of your financial position by the court it wouldn't under normal circumstances form part of the asset pot to be divided. 

If you exclude the inheritance what other assets do you both have to be split? If you were to split them 50/50 would one or the other of you be better off?  

I'm a little late to the party but just in case anyone else is reading this, last year I went through a financial settlement with my ex husband and was granted a percentage of his inheritance.  This was 10 years after our divorce.  So its not entirely accurate to say what it will be classed as by a judge on the day.  Its for each person to make the argument as to why they feel it should be included.  My ex tried to say it was "ring-fenced" and the judge laughed.

Just thought i'd share.

WW

tightauldgit

WickedWitch123 said:

tightauldgit said:

laurenjade1982 said:

Hi, I’m hoping this is in the right place. Apologies if not. 

I was married for 12 years, which ended in 2017, officially divorced end of 2018. We have 4 children together (now 16,13,11,10). My ex husband didn’t want a financial clean break and I didn’t have anything worth fighting for! 

I re-married Dec 2019. 

My Gran passed away July 2021, and left me her house. I wasn’t aware that it was just for me, but it was. Last few weeks the house has sold for 300k and today I’ve found out he is asking for money to sign a financial clean break, but I was under the impression that either of us re married he wouldn’t be able to get anything? 

I’m waiting for a solicitor to call me back (after he rang round a few so conflicting me out!) but I wondered if anyone knew anything to help in the meantime? 

The bad news is that since you don't have a clean break agreement then of course he can make a claim. The good news is that inheritance received 4 years after you split is going to be classed as a non-matrimonial asset and thus while it would be considered as part of your financial position by the court it wouldn't under normal circumstances form part of the asset pot to be divided. 

If you exclude the inheritance what other assets do you both have to be split? If you were to split them 50/50 would one or the other of you be better off?  

I'm a little late to the party but just in case anyone else is reading this, last year I went through a financial settlement with my ex husband and was granted a percentage of his inheritance.  This was 10 years after our divorce.  So its not entirely accurate to say what it will be classed as by a judge on the day.  Its for each person to make the argument as to why they feel it should be included.  My ex tried to say it was "ring-fenced" and the judge laughed.

Just thought i'd share.

WW

I'm intrigued then... what was the reasoning for including it? 

WickedWitch123

tightauldgit said:

WickedWitch123 said:

tightauldgit said:

laurenjade1982 said:

Hi, I’m hoping this is in the right place. Apologies if not. 

I was married for 12 years, which ended in 2017, officially divorced end of 2018. We have 4 children together (now 16,13,11,10). My ex husband didn’t want a financial clean break and I didn’t have anything worth fighting for! 

I re-married Dec 2019. 

My Gran passed away July 2021, and left me her house. I wasn’t aware that it was just for me, but it was. Last few weeks the house has sold for 300k and today I’ve found out he is asking for money to sign a financial clean break, but I was under the impression that either of us re married he wouldn’t be able to get anything? 

I’m waiting for a solicitor to call me back (after he rang round a few so conflicting me out!) but I wondered if anyone knew anything to help in the meantime? 

The bad news is that since you don't have a clean break agreement then of course he can make a claim. The good news is that inheritance received 4 years after you split is going to be classed as a non-matrimonial asset and thus while it would be considered as part of your financial position by the court it wouldn't under normal circumstances form part of the asset pot to be divided. 

If you exclude the inheritance what other assets do you both have to be split? If you were to split them 50/50 would one or the other of you be better off?  

I'm a little late to the party but just in case anyone else is reading this, last year I went through a financial settlement with my ex husband and was granted a percentage of his inheritance.  This was 10 years after our divorce.  So its not entirely accurate to say what it will be classed as by a judge on the day.  Its for each person to make the argument as to why they feel it should be included.  My ex tried to say it was "ring-fenced" and the judge laughed.

Just thought i'd share.

WW

I'm intrigued then... what was the reasoning for including it? 

haha how long have you got??  Its a very long story spanning 10 years but basically he left me and our dependants in a far less favourable position to that which he was enjoying.  The judge agreed that that was unfair and granted me enough of the inheritance to cover a deposit on a house purchase.

TBagpuss

This is why most of the ans aare saying things like it won't be included in normal circumstnacces and that it wouldn;t usually be split .

The overriding principal is that the court has to look at what is fair taking into account all relevant circumstnacces - each case is decides on its own merits. In your case it may well be that the inheritance was the most easily quantifiabke and accessible asset but that the rationale wa that you should have had other asstes earlier on which are no longer readily available.

paigesaunt

From what I gather from reading up on inherited assets the common belief is that the moral principle is the former spouse shouldn't be entitled to any of it. 
What about if the inheriting spouse used marital assets to fund his lifestyle and prop up a business so that he could sit at home all day, having made promises it would all be paid off when he gets his inheritance.

Of course he didnt pay anything off, he just just waltzed off into the sunset with a new lady and left me with a huge interest only mortgage with additional charging orders in his name and only a few years left before the capital becomes due.
For my own self respect I would prefer not to ask anything of him but I'm not in a position to do that 
What are thoughts on that sinario
First hearing in a few weeks time 

WickedWitch123

TBagpuss said:

This is why most of the ans aare saying things like it won't be included in normal circumstnacces and that it wouldn;t usually be split .

The overriding principal is that the court has to look at what is fair taking into account all relevant circumstnacces - each case is decides on its own merits. In your case it may well be that the inheritance was the most easily quantifiabke and accessible asset but that the rationale wa that you should have had other asstes earlier on which are no longer readily available.

yes that's exactly what happened.  The judge could see that previous assets had already been spent in my exes favour and the inheritance was all that was now available.  I had no issues with this morally and seemingly neither did the judge.