A chance to hear the latest on employment, property, corporate and restructuring and insolvency and to ask questions and share your opinions.
DATE: Thursday 7 May 2020, 10:00am - 11:00am- delivered via Zoom Video Conference
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It is a dangerous myth that once you have your Decree Absolute in divorce, this automatically dismisses all financial claims you and your spouse have against each other. This is not the case, a financial order is required to dismiss all financial claims otherwise claims can remain open under the Matrimonial Causes Act 1973 for lump sum, maintenance, property adjustment and pension sharing orders. It is also worth noting that there is no time limit preventing an ex-spouse coming back in the future (provided they have not remarried) for a second bite of the cherry, no matter what you may have agreed between each other amicably at the time of your divorce. If agreement can be reached, a Consent Order, which sets out the terms of a financial settlement and dismisses all future claims in both life and death is what is required to finalise the agreement. Once agreed, this can be lodged with the court upon pronouncement of Decree Nisi and a Judge can be invited to approve and seal the order.
We had a stark reminder of this in 2016 when Kathleen Wyatt bought a successful claim for a lump sum payment from her ex-husband, a onetime New Age Traveller who, post-divorce, went on to become a millionaire businessman by founding a successful green energy company, Ecotricity. Her claim was brought some 25 years after their divorce.
It is also important to ensure that all financial matters are resolved before you consider remarriage, as a person who remarries before reaching a financial settlement with an ex-spouse will effectively be barred from applying for financial provision under the Act. This is commonly known as “the Remarriage Trap”.
If you would like to discuss finalising a financial settlement following your divorce please give us a call in the Matrimonial department on 01242 586 839.
A chance to hear the latest on employment, property, corporate and restructuring and insolvency and to ask questions and share your opinions.
DATE: Thursday 7 May 2020, 10:00am - 11:00am- delivered via Zoom Video Conference
Cheltenham based solicitors, Hughes Paddison, have announced two promotions within their Senior Management Team. Jon Rathbone has been made an Equity Director within the firm, whilst Julie Bennett has been made a Director.
What our clients say
“Hughes Paddison have provided assistance on numerous occasions consistently acting in an exemplary fashion whilst dealing with all aspects of the issue at hand. It is extremely reassuring to know that our company is represented by such a competent and professional firm.”– Commercial Director, Ferroli Limited
“We are lucky to have the services of Paul Engelbrecht on hand. He has always met our requests and ridiculous deadlines and puts himself out to make life easier for us”– Company Secretary - Supergroup PLC
“Paul has repeatedly demonstrated a high level of legal skill, accuracy, attentiveness and most of all, commercial acumen. I particularly appreciate his eye for detail and ability to take complex legal issues and explain them in lay terms. ”– Relationship Director RBS
“Whilst constantly demonstrating his consummate professionalism and occasional wry sense of humour David has at all times supported me and acted in my best interests resulting in a successful financial settlement and my divorce.”– V
“Jennifer provided sound professional legal advice which I needed to help me to sort out the legal and financial aspects of a difficult personal situation. I wouldn't hesitate to go to her with any family legal matters I have in future.”– R
“Having the support of Marcus throughout what has been a very painful divorce has really helped me get through the last 18 months. Although this has personally been a very difficult process, I know that Marcus has done everything possible to make it as smooth as it can be. I really appreciate the honest, open feedback to all of my questions and also how quickly he responded to them. Above all else, Marcus really does seem to care about his clients and their families. I never had the feeling that this was just a job for Marcus, and Im so grateful that I was fortunate enough to have had Marcus recommended to me when I did.”– R
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