There is a common misconception that once you are divorced your financial claims against each other are concluded. This is not the case.
Even if your spouse has remarried, which restricts them from being able to make claims on various assets, they may still be able to claim part of your pension as this is specifically excluded from being claimed under the Matrimonial Causes Act 1973.
The only thing that stops your spouse being able to make a claim against any of your assets is a Financial Remedy Order which closes the door to them being able to make claims in the future.
A good example of this is the case of Wyatt-v-Vince. The parties had been divorced for more than 20 years but they never obtained a Financial Order. Despite the time that had passed the wife was still allowed to bring a financial claim against her husband’s assets. The difference being that when they separated, they had very few assets, but Dale Vince had since set up his own renewable electricity company which was worth in the region of £50million.
So even if you have a simple agreement with your spouse whereby you each keep what you have, you should still get a Financial Remedy Order that records this agreement to close the door on any claims in the future.
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