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Financial order missing ex-spouse

Posted by jonwatts 
Financial order missing ex-spouse
February 13, 2024 06:31PM
Hi

I was married for 2 years and divorced 5 years ago after my ex-spouse deserted me and returned to her home country, no financial order was made at the time of divorce.

I now wish to remarry and buy a property and am keen to obtain a financial order to sever any financial connection with my ex-spouse, to prevent her potential return in the future asking me for money.

My understanding is that Form A needs to be served upon my ex-spouse and the return of Form E is required by the Court to make a financial order.

I have made enquiries to trace her but unsuccessful, and believe even if she were to receive any Court paperwork it would be ignored, can I obtain a court order dismissing any future claims by my ex-spouse in her absence?

Thanks
Re: Financial order missing ex-spouse
February 14, 2024 10:17AM
>>can I obtain a court order dismissing any future claims by my ex-spouse in her absence?<<

Yes, but only after satisfying the court that your ex wife is aware of the proceedings and has been given every opportunity to take part.

You may be better off taking legal advice as to whether you really need to incur the expense and hassle of doing this. Assuming there are no dependent children the circumstances you describe tend to suggest that any claim she may have is more theoretical rather real. Indeed, so far as you know she may even have remarried. Rather than incur the significant cost and trouble of making a court application it may be worth taking proper legal advice as to what the risks really are. Getting that advice should not be expensive and it could save you costs in the long run.
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