My Ex husband (“H”) and I (“W1”) divorced years ago but didn’t sort out the finances. Now he is divorcing his new wife (“W2”), and there are financial proceedings going ahead.
Can she claim against my assets?
Put simply – she can claim against any of the ex husband’s assets. Whether or not she gets anywhere with it is a matter for the court to decide, on evidence.
However, you do not want the case between H and W2 to go ahead with no input from you.
Theoretically, if you live in the former matrimonial home, in which H has an interest of, say, 50%, W2 can claim against it for her purposes. Whilst she cannot claim against your interest, it may be that, to access H’s share, the property has to be sold. The consequences for you are obvious.
You may need to apply to the court to join as an intervenor. This means that, although strictly speaking it is not your case, all papers will be served on you, and you can attend all hearings.
You may also want to consider starting financial remedy proceedings ASAP. That way, the two cases (H v W1; an H v W2) can both be considered by the court at the same time.
If the court makes an order in the case of H v W2 that you are not happy with because it affects you, it would fall to you to seek to overturn it – an expensive, drawn out, and difficult job.
The Becket Chambers Matrimonial Finance Team are experienced in dealing with both straightforward and complex division of assets cases. We are all available to be instructed through solicitors, and many of us can be instructed directly, via the direct access scheme.