Could your divorce be ‘unfinished business’?

January 2018

For many people going through a divorce or dissolution, the aim is to get the ‘Decree Absolute’ or Final Order, confirming that the marriage or Civil Partnership has ended but how many realise that this does not end the financial claims?

 

In fact, until the Court dismisses these claims, either one of the divorced couple may be able to apply for a share of the other person’s property, pension and income.  There is no time limit and in a recent landmark case, the Court allowed a wife to apply for financial provision from her husband some 19 years after the divorce had concluded.  Also, if one of the divorced couple dies without the financial claims being resolved, the other may be able to claim from their estate, even if the deceased has left their property to someone else in a Will.

 

Many people think about what to do with their house and savings but forget that pensions can be divided too.  It is equally important to know that if you are the ‘respondent’ to a divorce, you must make sure that financial claims between you and the ‘petitioner’ are resolved before you re-marry.  Otherwise, you will be barred from making a claim.

 

So what does this mean for you?  Elizabeth Ford, partner at Brain Chase Coles recommends, “You should deal with the financial claims with your divorce or dissolution and obtain a Court order detailing how everything is to be divided.  If you divorced some time ago, take legal advice now to explore your options for securing your financial future.”

 

The expert solicitors at Brain Chase Coles are on hand to advise you about all aspects of divorce, dissolution and financial claims and can be contacted at www.brainchasecoles.co.uk

 

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