Can they come back for more after divorce?

[MichMoor]

Hi,

 

I seperated from wife just over two years ago, she left me for someone else and also left me in a financial mess!

 

However on the over side now and things are looking up. We can use two year seperation which hopefully make the divorce a bit easier, one can hope!

 

I have spoken to her about paying 50:50 and she says she cannot afford it at present (I am sure she is lying she earns more than I do and lives with her new partner and I am paying most of the debt).

 

I am ok to carry on and just get divorced when I need to especially if I am going to pay, HOWEVER, I am due some money at some point tho not sure when entirely.

 

My concern is if I am still married to her will she still be able to claim half of it even tho she earns more and left me with most of the debt and we have been seperated for more than 2 years. In which case would I be better of just paying the divorce now?

 

Second question if I do pay for the divorce now on 2 year seperation but not a clean financial break, how likely will it be she could claim on anything I get in the future?

 

There are now children or property involved.

 

Thanks for any advice.

[carhill]

Given what has been posted, I'd move immediately to negotiating a judgment and get the financials finalized. Leaving a bunch of loose ends just adds to the legal and accounting costs of divorcing.

 

I assume you have no legal documentation of your separation, as a legal separation generally resolves most marital issues and leaves only the remarriage ability of the spouses in limbo.

 

If you file on Monday, you get to drive the process. She'll be compelled to respond or the court will rule on the motions in your filing.

 

Get 'er done.

 

Edited to add that the procedures in the UK are different than here in the US and we do have some UK residents who generally give great advice on this topic. I'll defer to them on the particulars, but my last line still stands.