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Decree Absolute before finances are sorted

(8 Posts)
Joy5 Thu 13-Dec-12 18:16:45

My Decree Absolute is due in January but our finances are not even close to being sorted. I'm assuming my EH will ask for the decree absolute as soon as he is able too, but i'm concerned about the finances.

Once we're divorced will I still have the financial rights to a share of his pension as i do while we're still married? My EH has hinted that i won't, which is why hes in such a rush to be divorced. I'm not sure whether hes trying to cause me more stress and worry over it, or whether its actually true.

Just can't afford to ask my solicitor another question, i'm not eligible for legal aid but i'm on benefits.

thanks for any help given.

MusicForTheMasses Thu 13-Dec-12 21:54:47

I would ask this on wikivorce. I am in a very similar situation to you. My solicitor adviced not to go for absolute till finances have been sorted, but I'm not completely sure why lol. x

olgaga Tue 18-Dec-12 11:40:38

Hi you will find lots of helpful links to wikivorce and other organisations with free advice lines here.

susiedaisy Thu 20-Dec-12 21:19:03

Hi my solicitor wouldn't apply for the absolute until the finances had been sorted, she advised against it. HTH

Collaborate Thu 20-Dec-12 23:23:28

You will still have the same claim within divorce against his pension after DA, but if he dies you won't get a widows pension. That's why sometimes you're best advised to wait.

vole3 Wed 26-Dec-12 07:03:44

I could have applied for DA in August, but will not until finances sorted.
Whoever said there was such a thing as a straightforward 'quick divorce' is probably a very comfortably off divorce lawyer warming his hands over our money sad

TheDreamCoach Tue 15-Jan-13 18:39:10

Hi, you should really reach a financial settlement before you obtain your decree nisi absolute. Your EH is typical of EH's, playing on your possible ignorance of such matters. Your change in status to being divorced would effect what you receive from his pension if he were to die. There would be no automatic widow's pension payable as you would no longer be married, unless he specifically nominated you and any lump sum death benefits would also require him to nominate you. His pension benefits are still included in his assets if you sort out your finances after your decree nisi absolute is issued. You are after what is known as the cash equivalent transfer value to determine what it is worth. If you still have paperwork to do to obtain your decree nisi absolute, why not use that as a bargaining tool to sort out your finaces now ?

Collaborate Tue 15-Jan-13 20:10:32

I think you mean decree absolute.

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