A common question we’re asked is whether an ex-husband or ex-wife can make a claim against a new house if it was bought after the marriage broke down.
It’s important to note that in Family Law, the outcome of each case will depend largely on individual circumstances. However, in general, any new asset like a house will not be “off the table” for your ex-husband or ex-wife to make a claim on after you get a divorce.
Whether your ex-spouse is successful or not in gaining anything from their claim will depend on a number of factors, including whether they have remarried or if there is a financial order in place. There are things you can do to avoid this situation altogether, read on to find out more or get in touch with our expert Family and Divorce Solicitors for further advice.
Any new assets you obtain after getting a divorce are only safe against future claims if there is a financial order in place that severs both you and your ex-partner’s right to make a claim.
If you’re considering a significant change in circumstances, such as buying a new house after separating from your partner, we would always advise seeking legal advice.
An experienced Divorce Solicitor will be able to help you to understand how your new property could be impacted by any future claims and assist you in putting an order in place.
You can divide assets before your divorce is issued but you should consider getting a Separation Agreement to set out any financial arrangements you make before getting a divorce in England or Wales.
Making the decision to get divorced is difficult on both an emotional and financial level. The first thing to be aware of is that there’s no standard formula for splitting assets in divorce. Instead, the aim is to achieve a fair outcome for both people.
In England and Wales, a Financial Order is a Court Order that sets out the financial arrangements between you and your ex-partner after a divorce. A Decree Absolute will bring your marriage to a legal end, but a Financial Order will create a legally binding agreement settling your finances.
We're rated‘Excellent’We would always strongly encourage getting a financial order at the time of your divorce, but if you’ve already finished divorce proceedings, you may still be able to put an order in place to protect any new assets you acquire.
Our Family and Divorce Solicitors are specialists in financial orders and settlements, we can help you understand how best to move forward with your life after divorce whilst also bearing in mind how your finances and assets are protected in the future.
Get in touch with us today for advice that is tailored to your situation.
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