I fear my ex could make a claim on my future assets with no clean break order after divorce
EVERY Saturday, The Consumer Crew are here to solve your problems.
Mel Hunter will take on fighting for consumer's rights, Jane Hamilton will give you the best advice for buying your first home and Judge Rinder will tackle your legal woes.
Judge Rinder
Q) I RECENTLY got my decree absolute from my spouse of two years. We did not have a property as we rented – in fact, our only assets were shared between us. We had no children together.
I have heard that “a clean break” should have been requested to protect any future assets that I may acquire. Is it true that, in future years, my ex can come back and claim any of my personal assets?
If I eventually buy a property or win the lottery, I would like to be sure that my ex has no claim to anything.
Jane, London
A) It’s not a bad idea to get a clean break order (which effectively prevents your ex husband from ever coming after you for any future earnings) but given your circumstances I am not convinced that it is necessary.
Clean break orders are really more appropriate in circumstances where couples share more complex financial and personal entanglements, for example, where they have children together or one party left their career in order to assist the other in starting a business which then went on to become successful after the divorce.
If applying for a clean break order – which would be pretty straightforward in your case – gives you comfort it may be worth it, although I wouldn’t lose any sleep over it.
Split decision
Q) MY boyfriend and I are planning to buy a flat. I have saved about 70 per cent of the deposit we need, and he has around 30 per cent.
Obviously I hope we never break up, but I want to know how I can protect my contribution in case we ever did part ways and need to sell. What’s the best way to do this?
Amelia, Herts
A) While you and your boyfriend remain unmarried you can protect your 70 per cent contribution. You need to get a lawyer to draw up a deed of trust document on your behalf which will ensure that you get your fair share back in the event that things go wrong.
You could do this yourself (there are some helpful templates online), but I would strongly urge you to spend a little bit of money getting some professional assistance. It won’t cost much and will give you far greater legal protection.
I must emphasise that, if the two of you get married, you will probably need to revisit this issue. If the two of you set up a home together, have children and eventually get divorced, your deed of trust document may not guarantee that you get your portion of the deposit returned as matrimonial law will apply.
Q) IN February 2015, I lost my husband and I feel that his headstone in our local cemetery is not fit for purpose.
The lettering was not deep enough and is coming off, so you can no longer read what it says.
I have been going back and forth with the cemetery who did the lettering, but they just said that it is only guaranteed for between four to eight years.
My husband has only been gone four years and the problem started a year ago now. Do I have any consumer rights?
Jacquie, Manchester
A) I am sorry for your loss. You do have some consumer rights here but this is not straightforward. You need to look at the paperwork you signed when you purchased your late husband’s headstone.
If the stonemason at the cemetery guaranteed that the lettering would not (or should not) fade before four years, you may be able to argue that the stone was not carved to a reasonably competent standard and you would be entitled to the cost of any repairs – not the cost of a replacement.
As you appear already to have evidence of the cemetery’s guarantee in writing, I would write to the director of the cemetery making clear that you require the stone to be repaired “pursuant to their guarantee”.
If they refuse, you have the option of taking the cemetery to the small claims court, although I suspect that a nice and reasonable letter will help far more in this case.
Contact
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Jame Hamilton, property expert
BLACK Friday isn’t just about big-ticket items like gadgets and designer clothes. It is also a chance to refurbish your home for less.
With sales on until Cyber Monday, here is how to give your home a hot new look at very cool prices.
DO
- Look at outdoor furniture. The combination of off-season sales and mega discounts mean you can bag serious bargains.
- Trade up. Check upmarket sites you don’t normally shop at and hunt for discount codes.
- Refresh the basics. Bedsheets, paint, candles and cushions are easy ways to update your home and will cost just a few pounds this weekend.
- Think big. Need a new sofa or bed? Now is the time. Shop around, compare prices and haggle.
DON’T
- Buy it just because it is in a sale. If you wouldn’t buy it full-price, it is wasted cash, not a bargain.
- Forget to check delivery times. Some furniture is made to order so won’t be ready for Christmas.
- Rule out shop-floor stock. You can get even deeper discounts on display items. Be bold. Ask.
- Panic-buy. Seen a deal you want but don’t have the cash? Then wait. Stores will have sales again in January and you can ask them to match or even better the price. They will have new stock for 2020 so you may save even more in January.
Buy of the week
THE quaint Northumberland market town of Hexham has been crowned the happiest place to live in Britain, according to Rightmove’s annual poll.
This spacious, four-bedroom townhouse in the heart of town will put a smile on your face. Offers over £199,950 at .
DECK the halls . . . the living room and the kitchen.
The country’s top independent homeware firms have clubbed together to create the first interiors advent calendar. There is more than £5,000-worth of stylish home giveaways and the first door opens today.
Follow on Instagram for a chance to win.
Deal of the week
MIRROR, mirror on the wall, is this the best deal of them all?
Make a whopping save with this on-trend Aquarius LED bathroom mirror. Was £115.97, now £39.97 at .
SAVE: £76
Mel Hunter, Reader's champion
Q) I MADE an order of a dining room table and four dining chairs from Harveys in November 2018 on the understanding that it was guaranteed to be delivered before Christmas. Delivery was due on December 12.
I was then told that this order would not arrive until December 28. On that day, only the table and two chairs were delivered.
Four days before the next delivery, I was told the furniture had been discontinued.
I chose a similar table and another four chairs, with a June delivery date. I was then advised that the table was out of stock and was given another date a month later.
When the table eventually arrived, there were bolts missing. I was then told it would be quicker to order a new table than wait for the fixings.
So we bought the bolts from a DIY store. Harveys offered me £50 which I have refused.
Lynn Davies, Frome, Somerset
A) You placed your order during Black Friday week last year, looking forward to Christmas dinner at your new table. Fast forward through 2019 and only now have you finally got the furniture you paid for.
This was a catalogue of errors by Harveys, which hung over you for ten long months. The £50 the store offered was, frankly, a joke.
I’ve managed to get the firm to pay £200 compensation, which it gave “owing to the continued issues”. It is not a penny less than you deserve.
A Harveys spokesman said: “We are extremely sorry for the inconvenience caused to Mrs Davies.”
Q)MY severely disabled adult son lived in his own home and had two carers. I looked after his financial affairs and my name has been on his Virgin Media account since he joined 13 years ago.
In July I rang Virgin Media and negotiated a reduced contract. I explained that he was registered blind and could not watch TV or use broadband. They were for his carers’ use.
Sadly, he recently passed away unexpectedly. When I rang to cancel his contract, Virgin told me I had to pay a £240 early disconnection fee.
I wasn’t even aware a new contract had been set up, but Virgin insists that any changes result in a new 12-month commitment.
Because my name is on the contract, not his, apparently I owe the debt.
Mary Willows, Beeston, Notts
A) You and your son were loyal customers and were just two months into a contract that you had no idea you’d taken out.
I asked for common sense to prevail. Virgin responded by waiving the fees. It promised to cancel your bill and send you packaging to send the router back.
Sadly, the poor service continued, with a further bill issued to you three weeks later. No packaging was sent out.
Virgin blamed a “technical issue” and allowed you to keep the equipment and cancelled the extra bill. This all caused stress at a difficult time.
A Virgin Media spokesperson said: “We have apologised and are pleased to have resolved the matter.”
Maddy Tooke, Coupon Queen
My top five freebies this week
- Free mince pie and hot drink from Morrisons cafe for all senior citizens between 2.30pm and 5pm on December 3. See .
- Free Vision Express eye test. Free retinal photography with every test. Book at before December 31.
- Free Little Seedlings Club Christmas party on December 1 at Dobbies Garden Centres for kids aged 4 to 10. Book at .
- Get a free winter car check from Halfords this December. Book online at .
- Free letter to Santa writing in store at Disney until December 24. Find your nearest participating store at .
Top 10 deals
- Get £15 back on Very orders over £75 with code PAPV9 from . Offer ends December 2. See .
- Save 20 per cent on Office shoes orders plus get free delivery with code TAKE20. Code expires on Monday. See .
- Get £25 off Mountain Warehouse orders over £150. Use code CLOUD25BFR. See .
- This Black Friday weekend get £100 off TUI holiday bookings over £1,000 with code BLK100. Expires on Monday. See .
- Get two months free when you sign up for an Odeon Limitless Card using code STUDENT2. See .
- Save 20 per cent on Sainsbury’s gift cards such as Vue £20 gift cards. Offer available in-store only until Tuesday.
- Get £5 off when you spend £40 on Benefit make-up. Use code QUIC-D40D at checkout. Offer ends Sunday. See .
- Save 30 per cent on full-price French Connection clothing and accessories with code BLACKOUT. See .
- Get 40 per cent off your food bill at ASK Italian with voucher from . Available until Thursday.
- Save 30 per cent on orders at Boden. Use code 6T2C from online. Expires Monday. See .
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