How long after a divorce can you claim assets in the UK?
Under the law in England and Wales, if you don’t have a Financial Consent Order, your ex-wife or ex-husband may still be entitled to your money, finances and assets following a divorce, up until the point that they remarry. This means that there is no set time limit for filing a financial settlement after a divorce or dissolution. Whilst a divorce allows both former partners to remarry, it will not immediately break your financial ties with and obligations to your ex-wife or ex-husband.
The best way to protect yourself from the risk of a financial claim in the future by your ex-partner is to have a Financial Consent Order drawn up between yourselves. Where possible, it is highly recommended to apply for a Consent Order from the court between the conditional order and final order stage of your divorce. However, with the help of a divorce solicitor, it may be possible to apply for a Consent Order after you have finished your divorce proceedings.
Can my ex-wife claim half of my new house?
If you do not have a Financial Consent Order in place following your divorce, the question of whether your ex-wife can claim half of your new house will depend on:
- When you bought your new property
- The terms of your divorce settlement
- Whether you have remarried since getting divorced
If your new home was purchased before your divorce was finalised, it is considered by the courts in England and Wales to be a matrimonial asset to which your ex will have a right. If your new house was purchased after the divorce was finalised, unless there is a Consent Order or prenup or post-nuptial agreement in place, or they have remarried, it may still be subject to a claim by your ex-partner.
Can my ex-wife claim inheritance after divorce in the UK?
Unfortunately, without a Financial Consent Order, your ex-spouse may be able to take part of any inheritance you receive after your divorce. This may be the case even if your inheritance is considered a “matrimonial asset” that was received before your divorce was finalised or a “non-matrimonial asset” received after the divorce. Your ex-partner will have an even stronger claim against your inheritance if the court decides to prioritise their financial needs over what is considered a matrimonial or non-matrimonial asset. However, there are some exceptions. If your ex-spouse has now remarried, they will no longer be able to make a claim against your inheritance.
Because each situation is unique, and the law is complex when making this type of claim, it is important to seek advice from a specialist divorce lawyer. Doing so will give you the best chance of protecting your assets, including your inheritance, from your ex-partner.
Can my ex-wife claim money after I remarry?
If you have an arrangement in place to pay your ex-partner’s spousal maintenance, this must continue to be paid even if you remarry. On the other hand, if your ex-wife or ex-husband remarries or enters into a new civil partnership, they will no longer be entitled to receive spousal maintenance.
Can my ex claim money from my new partner in the UK?
Your ex-husband or ex-wife cannot claim money directly from your new partner in the UK. However, in some cases, any financial support that you receive from your new partner may be vulnerable to an indirect claim by your ex-partner. Remember, until they remarry and without a Consent Order, your ex-husband or wife may have a right to some of your future income, regardless of where this comes from. This is why putting a Financial Consent Order in place as soon as possible is vital in protecting your personal financial interests.
Following divorce or dissolution, the reality is that until they remarry, there is no time limit on your ex-partner’s ability to make a successful claim against your finances and property years or even decades in the future. This is why Financial Consent Orders are so valuable. With a Financial Consent Order, such as a Clean Break Order, in place, you will no longer be vulnerable to claims against your property, money, assets, and future earnings from your ex-partner.
