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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Death during divorce

  • Rallyprincess
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07 Sep 12 #354410 by Rallyprincess
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A few months ago my partner filed for divorce from his wife (before we met) after discovering that she had been having an affair and had left him to set up home with her lover. The proceedings were going ahead but due to this and other circumstances he felt he couldnt carry on and committed suicide. Before he did so however he sat down with his solicitor and changed his Will, erasing anything he had previously left to his estranged wife. The only problem is with the house as it is in her name, though when she moved out she left a note stating that all she wanted was the money she had put into it and wasn''t looking for anything more from him financially. All other money of his own was in a personal account and the joint account had already been closed and the money in that shared. I have now received a letter from my partner''s solicitor stating that "apart from a few personal possessions, you are to be the sole beneficiary for the residue of his estate". I am therefore wondering where I stand because of the divorce should his estranged wife contest this? I would appreciate any advice anyone can give me as I am not relishing the prospect of a long drawn out court case! Many thanks!

  • Marshy_
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07 Sep 12 #354430 by Marshy_
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I am not a lawyer. So what I say dont really count. But, what I would do is sit back and see what happens. As you wernt married to him, you have no moral right to that money. Its his wife that should get it. She is the one that was with him and they invested a life together. However, he changed his will and left some of it to you. But sit back and see. If she is going to contest the will, she will fairly soon. And then you can go from there. C.

  • upbeat
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07 Sep 12 #354432 by upbeat
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Sounds awful for you :(But I agree with the above, but also not sure on the actual law although I do believe that there is a time limit to which you can contest a will. I was talking to someone recently who could not claim on his fathers estate due to the fact that the time limit had expired when he could contest it.

I feel for you at this sad time and hope it all works out well x

  • LittleMrMike
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07 Sep 12 #354440 by LittleMrMike
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Yes there is. It''s normally six months after the grant of probate/administration.

If the house in question was owned by the wife, the husband could not alter that or take it away by his will.

I would have thought that, in view of the strong possibility of a challenge, I would not expect distribution to take place until the time limit had expired.

If a challenge materialises, then you need legal advice. Claims like this can be expensive and the Courts tend to favour the wife''s claims over those of a cohabitant. If you can come to an agreement, that may be wise.

LMM

  • Rallyprincess
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07 Sep 12 #354444 by Rallyprincess
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Thank you yes I think that''s all I can do. Thanks for your input. Y

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07 Sep 12 #354446 by Rallyprincess
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PS This was his second wife and they''d only been married for 2 years unlike his first one who he had been with for 30! Guess it doesnt make any difference tho. Also he had put the vast majority of the money into the house and his wife said she only wanted what she had put in back (the note saying this is with my partner''s solicitor) - again as they had subsequently put the house into her sole name for some reason it probably won''t make any odds but well, I''ll just take it as it comes... Thank you for your good wishes - to be honest I''d much rather he was still here and enjoying a new life with me rather than us starting to wrangle over his estate - its really not what i want for his sake.

  • hawaythelads
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07 Sep 12 #354467 by hawaythelads
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Hi If the house is in his wifes sole name it''s hers by law end of story.
It wasn''t his to give to anybody any longer.
All the best
HRH xx

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