How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33015
Experience:  25 years experience of all aspects of family law
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My ex-wife from 12 years ago crossed our the ancillary relief

This answer was rated:

My ex-wife from 12 years ago crossed our the 'ancillary relief ' line in the prayer on the petition which she signed . Can she now after 12 years come back at me and claim financial relief . She verbally agreed the split of our joint assets at the time but now seems fit to try and get more even though she crossed out the ancillary relief line .
Thank you for your question
I shall do my best to help you but I need some further information first.
Has she remarried and what assets are there?
Customer: replied 3 years ago.

No she hasn't but has been living with a partner for 12 years ( pre our actual divorce ) . The assets were split as the time on a 65/35 % basis in her favour so she had the house ( mortgage free ) and its contents plus a new car I bought her and £5 k cash . The split was on the basis her pension and my pension would not be touched - she is 10 years younger than me and there was no children in the marriage. I just thought that as she had crossed out the ' ancillary relief ' part at the time that she was clearly happy with our verbal agreement as she had stated that .

So what claim is she now making?
Customer: replied 3 years ago.

She is now making a claim for pension plus property adjustment order , lump sum etc but my question is has she waived the right to that as she crossed out the ancillary relief part on the original petition ?

The fact that she did not tick those boxes makes it more difficult to make a claim - not impossible.
The fact that there has already been a property settlement between you make a Property Adjustment Order unlikely and the fact that 12 years have passed makes it almost impossible that a Pension Sharing Order will be made - but it does not mean that she cannot apply
I hope that this is of assistance - please ask if you need further details
Clare and 2 other UK Family Law Specialists are ready to help you

Related UK Family Law Questions