First marriage, legal entitlement?

Exodi

Savvy_Sue said:
Plus, if you were successful in getting that money now (and it doesn't sound very likely), then it would become part of your assets. That might make divorce look like an attractive option to your current separated husband. 

It may be worth considering finalising the separation in divorce while there's not much to argue about? 

Indeed, history is bound to repeat itself.

The grandchildren will likely be more upset that whatever amount of money granny can leave them without litigating 40+ year old events, could potentially be hoisted out of their hands by the estranged second husband.

Even if there is a will in place excluding him (and the circumstances may suggest there isn't), it may be contested on the grounds that it does not make adequate provision for the spouse.  Even though you have the right to exclude anyone in your will (e.g. specifically stating them in an exclusion clause), the Inheritance Act also allows individuals (typically spouses and dependent children) to claim against estates on the grounds they have not been left reasonable financial provision.

WYSPECIAL

saveallmymoney said:

DullGreyGuy said:

Was there a clean break/consent order or any form of financial order with your first divorce?

Doesn't matter as she has remarried.

Depending on who the applicant was and what boxes were ticked on the forms remarriage might not prevent making a claim.

AskAsk

financial claims stop when either party remarries so unless there were acceptable reasons why you did not make a claim for financial split, it is too late.

WYSPECIAL

AskAsk said:

financial claims stop when either party remarries so unless there were acceptable reasons why you did not make a claim for financial split, it is too late.

The OP may have been the applicant in the divorce. They may not have been barred by remarriage although the delay will need some explanation.

VyEu

You remarried. If there was no financial remedy order in place at the time then the only application open to you is potentially a pension sharing order. If your ex however has not remarried then he can bring a claim against you (for all financial remedies)