# Protecting assets from claims by partner's ex-wife?



## Ludwig (1 Mar 2006)

Hello. I wonder if any of you could offer me some advice. My partner and I have been together for 4 years and have an eighteen month old son. He was married previously for just over 2 years and there were no children from the marriage.

At the time of their legal separation it was agreed that his ex-wife would buy his share of the 'family' home. However he took a considerably smaller sum than her in order to protect his pension and some shares. He has recently applied for a divorce and now she is contesting the divorce. She got the family home first time around and now she wants more. 

She signed away all rights to pension, property, succession rights etc. at the time of the legal separation so does she really have a leg to stand on? We're not talking about big money here and we do have a yound child to support. Will the Courts take that into account? 

Is there a way to protect ourselves from her in the future? If we keep things in my name would that offer us any protection from her and her greed?


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## Danmo (1 Mar 2006)

*Re: Protection from ex-wife*

First of all you need a good solr to talk to. If she has already been dealt with (more than) fairly re: family home I don't see what her problem is but I have been in similar boat with my husband and his ex wife. A solr will be able to look at the separation agreement in detail and see if you have left any loose ends. The best way to keep her at bay in future is get married!


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## emerald (1 Mar 2006)

*Re: Protection from ex-wife*

Hi, the obligation to maintain an ex marital partner never goes away.  You need good specialist legal advice.  If the original agreement was well written the property will be protected.  Pension rights being agreed was good, a lot of people leave it until divorce.  You need to get a budget together for your own family circumstances (see www.solo.ie for a sample)  the fact that your partner now has a child to support has to be factored in.  If the JS was pre 96 the whole agreement will be looked at, as will changes in circumstances.  The short life of the marriage and the fact there were no children from this marriage will be considered as well.  Good luck with it all.


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## Saudi (1 Mar 2006)

*Re: Protection from ex-wife*

Unfortunately there is no such thing as a "clean break" in Ireland, a separated spouse can theoretically keep going back and looking for an increase in maintenance payments etc.  The ex is on a much weaker footing though if there are no children involved and it was a short relationship.  As the previous poster indicated your best bet is to get good legal advice.

Best of luck with it.


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## Ravima (1 Mar 2006)

*Re: Protection from ex-wife*

a wife lasts as long as a marriage, but an ex wife goes on forever!


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## bond-007 (2 Mar 2006)

*Re: Protection from ex-wife*

About time the law was changed, to allow clean breaks and to hold an adulterous spouse to account.


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## Ludwig (2 Mar 2006)

*Re: Protection from ex-wife*

Thanks for your replies.  I like your comment Ravima but unfortunately it seems to be true.  I think its so unfair that because of one error of judgement people should have to literally pay for it for the rest of their lives.  Especially as people can be so unreasonable and spiteful years later.

We are consulting our solicitor but so far he has been of limited use.


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## Sherman (2 Mar 2006)

*Re: Protection from ex-wife*



> and to hold an adulterous spouse to account.


 
Yeah, and bring back flogging too!!

Are you serious? It is not the State's job to pass moral judgement on someone's behaviour - we had that for long enough in this country, thank you very much.


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## bond-007 (2 Mar 2006)

*Re: Protection from ex-wife*



			
				Sherman said:
			
		

> Yeah, and bring back flogging too!!
> 
> Are you serious? It is not the State's job to pass moral judgement on someone's behaviour - we had that for long enough in this country, thank you very much.


I was the victim of an adulerous wife in my first marraige. I got divorced in the USA.I cited adultery as the reason for divorce. She was found at fault and as a result got nada, zlich nothing, no maintenance clean break and its final. No reopening ever. The judge even called her an amoral women of no moral fibre. 

I think its time for a piece of American justice in Ireland.


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## Ludwig (2 Mar 2006)

*Re: Protection from ex-wife*

Personally, I don't think its that simple.  If you are unhappily married and you fall in love with someone else I don't see why you should stay married.  I certainly wouldn't want to share my life with a man who was in love with someone else.  

Marriage break ups are fraught with complications and only the two people in the marriage really know what went on.  I got married to a man who turned out to be so cruel and mean that it took almost a year of counselling to deconstruct what he had put me through in our marriage.  If I fell for someone else during the time we were married would I be amoral?  I don't think so.


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## CCOVICH (2 Mar 2006)

*Re: Protection from ex-wife*

Folks-some of this is straying into LoS or STB territory.

Can we stick to the facts/law as they apply to this case and not what we would like to see or how we feel about the issue of divorce/separation?

Thanks.


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