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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


no financial settlement

  • sussi
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08 Jan 12 #305322 by sussi
Topic started by sussi
Hi there, does anybody know if i have any rights to my late husbands estate as we did not have a financial settlement,

Any help would be good

thanks
Sue

  • LittleMrMike
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08 Jan 12 #305351 by LittleMrMike
Reply from LittleMrMike
Yes, possibly, provided you have not re-married. Any provision for his wife in his will is likely to be void.

You may be able to make a claim under the Inheritance Family Provision Act 1975.

However there are time limits to bring a claim, but unfortunately I don''t have the full text of the Act, merely extracts.

I''ll try and see if I can google theAct itself.

LMM

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08 Jan 12 #305352 by LittleMrMike
Reply from LittleMrMike
It''s normally six months following the date of the grant of probate/administration.

You need to check that the settlement did not prevent you from bringing a claim ; some do.

Generally it is necessary to show you were being maintained by the deceased.

In view of the time limit, take legal advice as soon as you can.

LMM

  • hadenoughnow
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09 Jan 12 #305419 by hadenoughnow
Reply from hadenoughnow
Were you divorced - Decree Absolute - at the time he died?

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