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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.

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

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


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Inheritance after divorce/death of ex husband

  • debsfarley
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13 Jan 16 #472194 by debsfarley
Topic started by debsfarley
Hi
My ex husband died recently and left everything to his children and ours 7 in total.

we did have a Clean Break order but no mention of inheritance act.

Do I therefore have a claim on his estate.

I am not remarried - we were divorced in 2009.

we were married for 20 yrs.

thank you

  • hadenoughnow
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13 Jan 16 #472200 by hadenoughnow
Reply from hadenoughnow
If you were not receiving maintenance, then I think it is very unlikely you would have a claim. The order would normally dismiss all claims.

If he had a pension, the children may be able to benefit from that. If you received maintenance, the trustees may view a claim with some sympathy.

When my ex died, his estate was shared between the children and a "friend". It was shocking to see how little was left from the divorce settlement. Nothing I could do about it though. I am just glad most of what was left went to the children.

Hadenoughnow

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