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What are we each entitled to in our divorce settlement?

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New wife (me) and rights of former.

  • jejeru
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31 Jul 12 #346324 by jejeru
Topic started by jejeru
Hello all, and thank you for advise. I''m foreign and try to understand things.
I''ve married two years ago to my husband. He is divorced, very amicable and in good relationship with his child and ex. Great. But I always think it''s too good to be truth.
Can you please advise me as we are thinking about future, buy property and have children.
Me - I would like to give deposit, husband have a very good salary to be able to pay.

Problem (as I think or I guess) is in documents or with rights of former wife after divorce. As all is very amicable and done well I don''t have any document which will protect my money as they will be be our mine and husband from former wife. Or might be I''m think to bad about people..

Documents which I have in my hands is

Decree Absolute.
Notes:
1. Divorce affects inheritance under a will
Where is will has already been made by either party to the marriage then, by virtue of section 18A of the Wills Act 1837;
(a) any provisions of the will appointing the former spouse executor or trustee or conferring a power of appointment on the former spouse shall take effect as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will;
(b) any property which, or an interest in which, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on the date of which the marriage is dissolved unless a contrary intention appears in the will.
2. About child some typical looking text Under section 5(3) or 5(4) blah blah..


Please can you advise or just let me know what that mean?
I asked him and he never had the will or things like this. Former wife always look for all finance and documents..

She also said that she don''t want anything, any of his pension or anything. He pay every month for his daughter and this is it.

All what I want to understand based on this D Absolute is her rights for out future money and our future property. As we will have our children.

The reason I''m asking, as I met one of my friend a few days ago, her parents are divorced long time ago, her Mum in a new relationship but don''t want to marry her new partner because she will lose something from her former husband.

Any former wife still have rights for things?

Thank you for help.

  • jaw
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31 Jul 12 #346379 by jaw
Reply from jaw

Decree Absolute.
Notes:
1. Divorce affects inheritance under a will
Where is will has already been made by either party to the marriage then, by virtue of section 18A of the Wills Act 1837;
(a) any provisions of the will appointing the former spouse executor or trustee or conferring a power of appointment on the former spouse shall take effect as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will;
(b) any property which, or an interest in which, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on the date of which the marriage is dissolved


This refers to the fact that as a divorcee the ex-wife can no longer inherit her ex-husbands property/money etc. when he dies. Nor can she be an executor or trustee.

unless a contrary intention appears in the will.


This means she can still inherit if her former husband states in his will he wants his ''ex-wife'' to inherit.

jaw

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31 Jul 12 #346382 by dukey
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When you get divorced you should have your will updated, i`m a fine one to speak i waited three years :huh:still £48 by the wiki solicitor sorted it.

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31 Jul 12 #346392 by pixy
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The reason I''m asking, as I met one of my friend a few days ago, her parents are divorced long time ago, her Mum in a new relationship but don''t want to marry her new partner because she will lose something from her former husband


Perhaps the lady in question is in receipt of spousal maintenance which she would lose if she remarried or co-habited?

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01 Aug 12 #346616 by jejeru
Reply from jejeru
Thank you jaw very much! I wonder if there is something what I couldn''t understand as foreign. But now it''s more clear.

This mean if my husband want to do something it have to be written in the will? Otherwise all is clear..

thank you again.

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01 Aug 12 #346619 by jejeru
Reply from jejeru
dukey wrote:

When you get divorced you should have your will updated, i`m a fine one to speak i waited three years :huh:still £48 by the wiki solicitor sorted it.


Yes, I understand it. But we have complicated situation where is 2 country involved.

For today my husband said if anything will happened to him I''m as his wife will get everything. He trust me that I will put in account his daughter who with I have a good relationship.
In my country all what I have will go to my family. Even will exist, first line will get all as most of the things are joint with family member.

Thank you for advise, I will try to contact solicitors here.

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01 Aug 12 #346622 by jejeru
Reply from jejeru
pixy wrote:

The reason I''m asking, as I met one of my friend a few days ago, her parents are divorced long time ago, her Mum in a new relationship but don''t want to marry her new partner because she will lose something from her former husband


Perhaps the lady in question is in receipt of spousal maintenance which she would lose if she remarried or co-habited?


I''m sorry, I don''t understand what that mean..

I''m worry only for assets which I have in my country. For today this all mine, because in my country (different law), after transfer to the UK it will be OUR (mine and my husband).
And if his ex one day say that she wanted something (pension, money, some% of assets) it could be a problem as all have to be sorted and understand by me before I''ll transfer assets here.

I understand that the Will will put all things together, but I wonder if here something I just din''t know! Or my husband don''t know...

Thank you very much.

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