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  • #1

    divorce ?

    not sure this forum deals with this,but i have a friend who needs help and so thought i'd ask...maybe someone could point me elsewhere if not ?
    Tags: assets, beneficiary, children, claim, con, deals, debt, divorce, entitlement, family, financial, gold, help, home, law, life, living, married, pay, pension, pensioners, share, shared, solicitor, split
  • #2
    Re: divorce ?

    Hi, sorry to hear that. any chance they can sign up as a member and inform us of the circumstances?
    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: divorce ?

      Originally posted by SA Gold View Post
      Hi, sorry to hear that. any chance they can sign up as a member and inform us of the circumstances?
      thanks for the response..I know the situation, it's as follows..she was living with her husband for 2.5 years then they split some 10 years ago and went their own ways. She has been reticent in asking for a divorce altough now she can get it without his consent because she is worried he will be able to claim some of her assets as part of the financial settlement. She owns her own home but lives just on a pension, he doesn't have his own home and lives on a pension too. As far as I know there are no other significant assets with either party. She went to see a solicitor some 4-5 years ago and was told he 'may' be entitled to a share of her home (which she couldn't afford to pay him so would have to sell...) and since then has been wary of pushing for a divorce. Now she is rethinking it but again is wary of what he may be entitled to. He has never supported her financially and I 'assume' when they split they divided things up amicably... She has made a will leaving all to her son/family members but is still thinkingtriggering a divorce might give him some entitlement to her home ...so that's the question really - after 10 years seperation will he have a claim..from what little bit i know the assets are determined on divorce, not seperation..so there may be a risk. As stated they are both pensioners and have no children from the marriage.

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      • #4
        Re: divorce ?

        It's a long, long time since I got divorced and I know things have changed. Is there any reason your friend wants a divorce, is she thinking of remarrying? Is there any reason to assume her husband would want half of her assets? I don't think it's automatic that assets get shared equally, especially with a relatively short marriage.
        Let your smile change the world but don't let the world change your smile

        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #5
          Re: divorce ?

          Originally posted by Pixie View Post
          It's a long, long time since I got divorced and I know things have changed. Is there any reason your friend wants a divorce, is she thinking of remarrying? Is there any reason to assume her husband would want half of her assets? I don't think it's automatic that assets get shared equally, especially with a relatively short marriage.
          She doesn't have any intention to re marry,no. She's in her 60's. I think she is just trying to tidy her life up a bit.She doesn't want to leave her son to maybe have to deal with a claim from her husband (not his father). She does think he will make a claim, and when she approached him recently about a divorce she said he wasn't very happy about it (I don't know why). It's a loose end for her but she is worried he will put forward a claim if she starts divorce proceedings. I'm not sure if he could contest her will, in which he is not a beneficiary... I suppose she'd be best going to see a family lawyer about it, I was just hoping I could give her some info to help her decide. I know the procedures have changed a bit since i went through all this so I'm out of touch too...

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          • #6
            Re: divorce ?

            I can see why she is concerned about it. My great aunt had a bit of a strange relationship with her husband. They never lived together (well initially they did) but remained married and lived in different parts of the country and met up now and again (not sure if this would be relevant). She always said she would never ask for a divorce as it would be too much hassle (apparently he was an awkward so and so) and cost too much (he did have a few properties i think). Not sure what happened when he died but i guess it would be more straightforward as they had three children so assume they were both leaving everything to them anyway.
            I am not sure how the law looks at marriage and assets. Perhaps if she has paid for the house, then she would have a good case, but she really needs to get all her details and wishes together and speak with a solicitor if you ask me. Is this something Josie888 could assist with, or perhaps if not, point you in the right direction of who can?
            When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

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