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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Absolute before financial settlement

8 replies

MeMarmiteYouJam · 20/01/2021 10:07

I don't understand why the financial settlement hasn't been dealt with before the absolute has been filed, but my ex is forging ahead with the divorce without settling financials with me.

Apparently he wants to get remarried asap.

What are the implications of being divorced before the financial matters are dealt with? My solicitor is a bit crap, unfortunately. I've been chasing up since before Christmas and still not heard back. Confused

OP posts:
HotCupOfNo · 20/01/2021 10:34

@op the biggest problem is the pension I believe - if he divorced you and then died before sorting out financials you would be his ex wife and therefor not entitled to any of his pension benefits. I think any large transfer of funds are also subject to heavy tax charges if you aren't married.

MeMarmiteYouJam · 20/01/2021 10:38

Ah, ok.

Well his pension isn't likely to be huge, he didn't start one until quite late into his career.

I don't expect him to be able to offer any large lump sum, either.

If those things aren't a particular worry, then I suppose it'll all come out in the wash one way or another.

Thank you for your reply.

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PicaK · 21/01/2021 13:03

Once the absolute goes through - if he drops deadtje payouts would go to children or anyone he'd nominated.
His current share of equity in the house would also go to his heirs.
And if you or he win the lottery it might be fair game....
There's not much you can do to stop him. I think you can write into the court to ask them not to grant it until financials sorted. But you need to do it before he applies.

MeMarmiteYouJam · 21/01/2021 13:35

Yes, it's too late, he's applied for it and it is processing.

His pension pot is tiny, anyway.
Not dissimilar to other things....

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Theunamedcat · 21/01/2021 13:43

Do you have debts? Savings? Me and my ex are on benefits unless I win the lottery he cant claim anything off me and ven then the court looks closely at financials during/after the marriage etc so i might get away with a small win 🤔 because I'm solely responsible for our children (disabled) and he has nothing to do with one of them he can go back to work anytime he is just waiting for 10 more years so he doesn't pay child maintenance anymore

MeMarmiteYouJam · 21/01/2021 14:29

Without outing myself with too many details, I don't think the courts will look too kindly on me being left in a bad financial position, with our DC. Well, I hope so.

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PicaK · 22/01/2021 08:15

@MeMarmiteYouJam

Yes, it's too late, he's applied for it and it is processing.

His pension pot is tiny, anyway.
Not dissimilar to other things....

GrinGrin That's childish... But funny
MeMarmiteYouJam · 22/01/2021 08:22

Couldn't help myself! 🤭

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