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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34272
Experience:  25 years experience of all aspects of family law
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My ex-wife from 12 years ago crossed our the ancillary relief

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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 4 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 4 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 other UK Family Law Specialists are ready to help you