Whilst divorce means the end of a marriage, does it mean the end of the matter for any financial claims? The answer is no.

Unless the party has remarried without making a financial claim against the other, either party can pursue a financial remedy claim at any time unless the court has already dealt with or dismissed any existing claim. Effectively there is no time limit.

In recent news, twenty-six years after a husband filed for divorce he made a claim for financial remedy. The wife claimed there was no formal agreement or order resolving financial issues after the end of the marriage, she and the husband reached an amicable arrangement about the finances.

After the husband remarried, there was a disagreement in relation to a property and the husband living there. The husband issued an application for financial remedy but his claim failed on the basis that the court decided his circumstances did not mean he was entitled to an order for financial provision.

The length of time between the divorce and the application was not the reason why his claim had failed, but due to the fact that both parties had already reached an agreement on the division of their resources. And so in these circumstances time really is not of the essence!

 

If you require advice or assistance in relation to any of these issues or other family law matters at Jordans Solicitors we have a dedicated family law team who can help. Please dial 01924 387 110 and ask to speak with a member of the family law team or visit our website and request a call back.


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