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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.

If a relative dies while you are separated from your spouse....

110 replies

yousilvertongueddevilyou · 03/03/2023 14:51

...does your spouse have a claim on the inheritance left by that relative?

OP posts:
yousilvertongueddevilyou · 06/03/2023 10:32

RandomMess · 06/03/2023 10:28

Does your DD express any wish to see him?

No. She's making a statement to police as I reported her disclosures to me.
So she will be doing an ABE with them. She's only 6 so it's only her ascertainable wishes, which are 'no I don't, he will do X to me'

it's a difficult one and I'm very outed already but we don't think he touched her up but we can't know. So police will be spending as long as it takes for her to disclose whatver she wishes to after she's told me some quite minor stuff but enough for me to know she wouldn't be safe with him, not that I didn't know that already.

Cafcass have identified him as a direct risk to her safety IF what I'm saying is true.

So now I have to form a 6 page statement on that and the next stage would be a fact finding.

It DOES look like contact won't go ahead but you know, it's that outside chance that sometimes literally floors me?

OP posts:
Andypandy799 · 06/03/2023 17:04

@yousilvertongueddevilyou I understand your concerns but a solicitor will never guarantee anything 100% as it leave them open to negligence

IllogicalLogic · 06/03/2023 17:22

Op, I'm going through an acrimonious divorce and unfortunately anything inherited from your parents will be claimable to share as much as 50%. The best thing you can do is divorce quickly and make sure you go for a clean break order. I don't think he can go against that without good reason and a haute would overrule him I think. You would need legal advice though.

With regard to the divorce itself, he can't contest it as you can now get a no-fault divorce without your partner's agreement (the law changed last year).

I had a similar issue with DC not wanting to visit and ex wanting DC against their will, claiming parental alienation because its a cool thing to lie about these days and gets judges very excited. My ex claimed that against me and it looked really bad until there was a breakthrough, literally at the last minute, which swung it all in my favour. Or should I say in the favour of DC.

Good luck and try to look after yourself. It's a long and painful experience and can be very traumatising.

yousilvertongueddevilyou · 06/03/2023 19:23

IllogicalLogic · 06/03/2023 17:22

Op, I'm going through an acrimonious divorce and unfortunately anything inherited from your parents will be claimable to share as much as 50%. The best thing you can do is divorce quickly and make sure you go for a clean break order. I don't think he can go against that without good reason and a haute would overrule him I think. You would need legal advice though.

With regard to the divorce itself, he can't contest it as you can now get a no-fault divorce without your partner's agreement (the law changed last year).

I had a similar issue with DC not wanting to visit and ex wanting DC against their will, claiming parental alienation because its a cool thing to lie about these days and gets judges very excited. My ex claimed that against me and it looked really bad until there was a breakthrough, literally at the last minute, which swung it all in my favour. Or should I say in the favour of DC.

Good luck and try to look after yourself. It's a long and painful experience and can be very traumatising.

Thank you
I have to wait five blooming months now for no reason as this is an abusive marriage that I don’t need to cook off from wanting out of

I’m already traumatised

I have literally nothing and he had the same

I’m not paying a penny to get out of this not least because I don’t have it

i finish each month with nothing

my dad I hope will be around another decade at least and in that time I’ll get rid of this infection free of charge

thank you for your information

OP posts:
yousilvertongueddevilyou · 06/03/2023 19:25

Andypandy799 · 06/03/2023 17:04

@yousilvertongueddevilyou I understand your concerns but a solicitor will never guarantee anything 100% as it leave them open to negligence

I suppose

i wonder what his expensive solicitor had told him

min the beginning I rang them myself and someone in the office told me not to worry about it

OP posts:
RandomMess · 06/03/2023 20:40

To an extent a solicitor will do as their client asks and no doubt he will have spun a story that doesn't include the truth of the abuse.

So long as he wants to waste money the solicitor will keep going even if they have advised their client to stop.

Flowers
GentlemanJay · 06/03/2023 20:44

It happened to me. We were divorced but had not completed the Financial Order. It potentially goes into the "pot".

It took the judge to say he wasn't prepared to listen to a claim from my ex on it, at the he start of the Financial Order hearing.

GentlemanJay · 06/03/2023 20:48

BluebellBlueballs · 03/03/2023 20:39

Yes . A family member was going through an acrimonious divorce and his mother temporarily disinherited him so that his ex wouldn't get her money if anything happened to her (his mum) before the divorce was finalised.

He was then put back in the will after.

(I think there was an understanding that the siblings would have given him his share at some point if his mum had died before the divorce was sorted)

This is exactly what happened to me. Everything left to my brother in a new will a few months before my mum died.

It didn't stop my divorced ex trying to make a claim for it because at that point we didn't have a financial order in place.

GentlemanJay · 06/03/2023 20:49

For you a Financial Order is far more important than a divorce.

OutDamnedSpot · 06/03/2023 22:25

I’m starting to feel a bit like a broken record, but are you sure your dad won’t help with this? I know he hates your ex, but if he could help you pay for a solicitor, you could be free of this dickhead sooner.

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