To say getting married to protect your finance is a joke

[bebanjo]

Been married 20 years house fully paid for. He’s divorcing me, his moved in with new partner. He’s severed the joint tenants, refuses mediation now has about 2 weeks to live.

Go and see him. You only split up earlier this year. If nothing else, make your peace with him before he dies. Worry about the legality of whatever damage he has done to your family afterwards. He can’t change it on his deathbed.

@bebanjo as someone said upthread @prh47bridge is a solicitor so follow his advice and get a solicitor

Does anyone know if OP would have had a valid claim for the whole marital home in their divorce, based upon her prior sole ownership?

Would this be a relevant factor in any inheritance PFD act claim? I wonder if there is case law where the division of marital assets is impacted by the prior ownership and whether this can then transfer to the inheritance act claim?

Does your spouse have more in the way of assets than you? With his pension for example? What do your finances look like?

Since the divorce is not final, you can still potentially make a claim on his pension and other assets from his estate. If it is reasonably considered that you have been awarded part of it in a divorce settlement you can still be awarded it. Obviously you need a solicitor as these things are never straightforward and will depend on individual circumstances.

PS
You are next of kin, not some short term girlfriend.

It will have to be sorted during probate i guess. How long ago were you served? Could you argue he was ill?

Do you know if he has a will?

Tbf had he not found himself terminally ill he may have gotten his half in the divorce anyway

Did that sound profound and wise to the 15 year old in your head who never had to drive their own life or pay a bill?

That's all he's concerned with as well and only a very rich person or an idiot wouldn't worry about finances after losing a spouse or serious life partner, by divorce or death. Especially in a situation like this where she's about to lose half the house she used to own entirely to her husband's mistress. Honestly, did you pay any attention at all?

He may have done this so that he can leave his half to his daughter/children not necessarily his new partner. Thus securing their inheritance should you remarry etc. Awkward I know but could you just ask if this is the case?

What would, or wouldn’t have happened on divorce is irrelevant here. Primarily, because when financial settlement on divorce is agreed, it has the objective of ensuring two people are adequately provided for. That’s no longer the case because OP’s ex won’t be needing to be financially secure.

The thing with "you will get at least as much as if you'd divorced" is that likely isn't the whole house plus whole pension, car etc. With one adult child is it realistically likely to be more than 1/2 a share of the marital assets, which the OP may well have? The difference is that the OW has the husband's share and not him (assuming that's what the will says).

The DD would have her own claim if financially dependent on him but it sounds like she isn't?

Sorry OP. The marriage has protected you up to a point but a split is always going to be costly.

I agree there's more chance of claiming the pension as the expression of wishes is not binding, but the will is, subject to reasonable financial provision.

You also can't totally disinherit your wife and children here either. One small positive to living here

It is relevant if there's a will, as that can only be overridden to the extent reasonable financial provision has not been made, which will be judged by analogy with divorce settlement. Doesn't matter if the other person doesn't need to be provided for. The testator gets to choose, what to do with the remainder of their estate.

Im hoping youre wrong OP. You dont know what his will says, if anything. If DD is in communication with the new woman id ask if she knows anything.
This must be be very hard for DD. Her father is dying, regardless of his incredibly poor behaviour recently. That must be very difficult

I agree yet women still expect a man to support them financially, the answer is to not get married and have seperate finances, also each to have your own property so.if you split you each have somewhere to live, the biggest problem is that a lot of women expect either not to work or work part time and expect the husband to work full time, the reality is expecting your husband to be responsible for your financial security is madness, a lot of men get fed up that they work full time until they retire and pay for everything and some women either do not work or continue working part time when kids get older,

I am really sorry for the position in which you find yourself. I would definitely seek high quality legal advice. On the pension aspect, it may be they need to consider your DD, e.g. in my Civil Service pension, children receive money until 18, with an extension until age 23 if they are in full time education and may be entitled to a pension for life if they are disabled.

I think we’re broadly in agreement but looking at it from different angles. My point being, if OP has sufficient equity in her house that it can be sold, proceeds divided in two and OP’s half is sufficient to buy her a reasonable home outright, the chances of the will being overridden are slim. If however OP’s share of the equity won’t house her adequately, then she may have a claim under reasonable provision.

DD has chronic fatigue and is on medication for mental health issues. She is quite fragile physically. She is also the most accommodating sole I know. She is not going to create drama in an already stressful situation, it will benefit no one and upset her terribly.
husbands friend who I know is taking DD to see her dad, he will be on hand if things get to much for her. I’m staying away, from what DD has said about this woman it could create unnecessary stress.

OP DH of 20 yrs from whom she is separated and going through divorce proceeding and who is terminally ill must leave her "concerned with" many things.
Being concerned about financial matters in such a complex situation doesnt mean the OP isn't feeling complicated emotions and anticipatory grief or that she isnt worried about others including her stbx .
Those things aren't mutually exclusive.

I would say it’s your daughter who is in the best position to contest the will or make any claims. Is there a previous will which does
mention her, or had he previously had her as a beneficiary on his expression of wishes for his pension? If so I think that will be a bit of a help.

Personally I think he sounds awful, and if the new girlfriend is happy to leave the daughter with nothing, or less than she deserves, then she is awful too.

OP, I am so sorry for all the troubles you are going through at the moment. Words fail me about what he has/is doing. Some men just think with their genital appendages.

I hope you get the strength to fight this as it's both morally and financially right that you are provided for as his wife (currently).

England must be one of the very few jurisdictions where a spouse can be disinherited with is no automatic redress in the Inheritance laws. Bit by bit the institution of marriage is being chipped away (as I see it), so more and more there is little point, some yes, but with the proposed co habitants laws on the horizon, one would wonder what's the point?

In order to obtain any redress in your situation, a litigant has to spend a fortune on legal fees, which negates the result considerably in many cases.

Gird your loins OP and go for broke anyway. Not much to lose here in the end.

You need to consult a good solicitor. They will know what you can or can’t do, and what’s realistic. 🌺

His will, made after being given 2 weeks to live, won't be valid
When working for a firm of solicitors I saw every one of these overturned because the legator was clearly 'not of sound mind'

How is this even possible?

Surely every man would do this?

I assumed that being married meant everything was 50/50 in the event of a divorce.

This is crazy.

How long have you been separated?

If it’s years, then you may not have as much of a say but if it’s a few weeks/months then I would absolutely contest it and suggest that the illness made me act out of character before he even knew what was wrong with him and the new woman took advantage of this.

I understand you might not get everything but surely 50/50 at the least.

Seems like you have grounds to contest, unless you are much better off than him then it’s worth trying. Definitely advise the pension company and hope you get half or more of that.

See a lawyer straightaway. I think there has to be minimum 43 day wait between date of degree nisi and degree absolute ( final order). You need to do your best to get the financial order sorted out as part of final.order. . You are still legal married until decree absolute/ final order is made so if he's only got 2 weeks to live he may not live long enough.. H may not have capacity for some of the decisions he is making if for example he has made a new will in favour of his new partner before any divorce is finalised. .

You might still have a claim against his estate under inheritance provisions if no finanical order or final order has been made and if inadequate provision has been made.