Accessing Divorce File

Hi, My partner of 12 years died earlier this year. I am waiting on the letters of administration in order to release the pension fund.

The ex-wife divorced in 1998 is now claiming 50% of the pot.

I recollect that the marital home had negative equity and my partner took on a new mortgage and to cover this and a cash sum to enable the ex-wife to move on.

It does not appear from the papers I have found that a financial court order was obtained.

I would like to see the divorce file to see if it covers details of the house sale, pension.

Is this possible and how would I go about it?

The courts destroy the files after a while. The time on destruction varies but it is usually 6 years.

If a solicitor dealt with the divorce it might be possible to gain access to their files if they still exist. However, there is no duty to retain the files beyond 6 years unless their terms and conditions specify otherwise. You will also need to identify which firm of solicitor dealt with the matter.

Has a claim been issued or have you merely received a letter stating what the ex is seeking?

Charles

Hi, I don''t think solicitors were acting for either party.

I got an email from the adult daughter who is acting as executor (no will). No decision has been made by the pension company as yet. I have small children and need to get to terms with my finances. I want to understand what rights the ex-wife has and don''t want to be walked over.

Thanks for your reply.

The adult daughter is likely to be acting without any legal advice.

I would guess that the premise of the request is that the pension is the only asset of the marriage and that some misinformation suggests that the ex wife is entitled to 50%.

If the parties remained married a claim might be possible but it seems unlikely now given the divorce, the passage of time and the untimely death of your partner.

Rather than defend the claim, it would be wise to invite the ex wife to pursue any claim to which she believes she is entitled otherwise you might get stuck in the firing line.

I would recommend seeking legal advice before taking any further action, particularly if you are seeking to deal with the estate. There are pitfalls of which you need to be aware and early action is often the best way of dealing with these things.

Charles