UK Family Law
UK Family Law Questions Answered by Verified Experts
Let me see if I can help and please rate positive.
Arguably the ex would be potentially able to claim against assets during the marriage. It would be a good idea to simply get the ex to confirm in writing (if this is possible) that they have no claim/interest in the property. That basically both of you are undertaking a clean break and make no claim (if this is correct) against the other. Happy to discuss but please rate positive.
Another option is to enter into a Separation Agreement, which would set out the basis of a financial court order once the divorce is finalised. However I should point out that the court is not able to approve your financial order until you have been through the divorce process to the point of Decree Nisi. And remember only the court can make that agreement binding, final and enforceable. That said a judge will rarely overturn a private separation agreement that has been negotiated, providing both parties received independent competent legal advice. There needs to be full disclosure of all the relevant financial circumstances, so that the overall agreement is fair. But until the judge has approved the settlement and given it the status of a court order, your new house may be vulnerable. I hope that helps and please rate positive.