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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I'm getting remarried. divorce finalised 3 years ago but no

Customer Question

I'm getting remarried. divorce finalised 3 years ago but no clean break...he won't disclose his money so I haven't been able to do it. I don't want to claim any of it. But if I remarry can I still apply for the clean break so to stop him claiming against me or anything I inherite? He knows my grandfather isn't well and will pass away soon I'll inherit a house in Portugal I don't want him claiming that.
JA: Thanks. Can you give me any more details about your issue?
Customer: Can I apply for a clean break order after I remarry
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Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Good morning. Thank you for the question. It is my pleasureto assist you today.There is no reason at all why you should not apply for afinancial order on a clean break basis where he claims nothing from you and youclaim nothing from him.What has been the problem so far with him not disclosing theinformation if you are making no claim on it?You can actually apply for the clean break order any timegetting married again preclude you making a claim against him if he won thelottery. That reason, you might want to do it before you get married.Based upon the circumstances, and assuming that he is notgoing to make a claim on your inheritance, it should be a mere formality.
Expert:  Clare replied 1 year ago.
Thank you for asking for me - and just to add to the aboveIf there are no jointly help assets then once you have remarried you cannot make a claim against your ex in any event. If your ex will not disclose his finances then no application can be made - unless you decide to make an applictaion for financial reliefPRIOR to your remarriage in the hope that he will agree to a Clean Break to protect himself.In any case since you have already been divorced three years his claim on any future inheritance is tenuous to say the least - and non existent if he has any assets of his own.Clare
Expert:  Stuart J replied 1 year ago.
Good morning. This thread is still open. Can we assist you any further with it?When you get a moment, please do not forget to use the rating service. It doesn’t cost you anything extra and it’s really important otherwise the expert doesn’t get credit. Thank you.Kind regards