Family Law Blog : Getting that Clean Break
Liz Davies Family Lawyer
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I have this morning had to explain to yet another person that although they will soon have the final decree of divorce which will dissolve their marriage completely it does not stop financial claims being made now or in the future. It always comes as a surprise when people are told this. For some reason it is assumed that once the divorce is through then that is it for everything. Wrong. Without a sealed and approved court order dismissing all financial claims that arise out of your marriage either of you can issue proceedings in the future and ask the court to resolve those claims.
I wrote an article for the local press a few years back about a case that a Euro lottery winner had found himself involved in years after he and his first wife had divorced. He had chosen to go public about his win and his ex had seen the article. She had consulted solicitors and was rightly informed that as she had not remarried and there was no court order dismissing financial claims against each other made at the time of their divorce she could indeed take the matter back to court and seek some monies. I would love to have seen her face when she was told that. Mind you, I would not have liked to have been on the other side of the fence and having to tell her ex husband that she had claims that could still be raised. I think in the end they settled but she did get a few million . All for the sake of a court order which states that all claims are dismissed by the court and neither party may return to the court in the future.
It really doesn’t matter if you are a Euro lottery winner or if at the moment your assets are not substantial please give serious consideration to having all claims dismissed to avoid any application being issued in the future, when you do win or indeed inherit or you get that fabulous promotion that you so richly deserve.
Speak to a family lawyer if you are separating or going through divorce proceedings at the moment and the issue of finances has not yet arisen. Even if you think you are all agreed it is much better to be safe than sorry.
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