Ex Wifes possible interest in my new house?

J

jenolan

Guest
I know this is a legal matter and I should really talk to a solicitor but thought I'd get some opinions first.

I am separated and at the time of separation I left the house etc to my wife. She signed a waiver to say that this discharged all liabilities etc and that she was waiving her rights to any future claim on anything. (pls excuse lack of technical terminology)

I am now buying a house for myself and my partner to live in & someone mentioned to me that when it comes to a divorce situation anything on the table is wiped and you're back to square one so she could have an interest in my new home which as you can imagine horrified me not to mention my partner who if I was to drop off the face of the earth could be forced to sell her home to give half to my ex-wife??!!

Anyone had a similar situation
 
i heard something on the radio a while back. if i remember, the gist of it was that divorce in this country is not a final thing as it is in other countries and ex partners do have the right to have settlements reassessed if their ex partners situation changes for the better.
 
Anything useful . It's possible that there are statutory rights at play here which cannot be abrogated through some other agreement. Best to get expert legal opinion on the matter.
 
Its possible but very unlikely that in the event you apply for a divorce that the whole question of property rights could be revisited. Ones rights under the relevant family law legislation are inalienable and that is why it is possible that despite the agreement already made, it could be open again. However as I said it is very unlikely if the agreement was made with the benefit of full disclosure of assets by both parties.
 
Pension rights are another very complex area in seperations/divorce.
 
Do you have a Judicial Separation?

As I understand it, the assets and property gained prior to you getting a Judicial Separation are "fair game" and can be counted when calculating maintenance, entitlements etc. However, if you don't have a JS then it's free to the wind.

I would get some firm legal advice on this one, it's very hard to tell which applies. If you're still in the dark, try putting a post on the Separation/Divorce board on rollercoaster, you might get a better and more informed response there.

HTH
 
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