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Legal matters

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Future inheritance and separation/divorce

13 replies

bertiebassett · 27/08/2012 22:03

Hi can anyone advise?

H and I separating after he was emotionally and verbally abusive to me. Been together 15 years.

My DM is elderly (87) but sprightly. I am due to inherit fairly substantial sum when she passes away (although I hope she'll be around for a long time obviously!).

My question is would STBXH have any claim on my inheritance if she passes away before we get divorced? Should I push ahead & petition the divorce ASAP or can I wait the two years?

Any advice?

OP posts:
DCSsunhill · 27/08/2012 22:07

I am not a legal bod but have just taken advice on a similar thing. Collaborate et al, please do correct me if I am wrong.

I would say yes, he would have a claim. I would aim to get your consent order signed and rubber stamped by the court as soon as possible. This is the bit that separates your financial ties to your husband.

Whilst he might not be able to request a massive handout as such, he may be entitled to ask for a great share of your joint savings and assets as you clearly would clearly have enough to meet your own needs.

I would push ahead with the divorce.

babybarrister · 27/08/2012 22:12

This reply has been deleted

Message withdrawn at poster's request.

ifiwasarichwoman · 27/08/2012 22:17

This was an issue for dh and ex tried To drag out divorce on purpose - eventually - he just got divorced against solicitors advice.
My advice push divorce through as fast as possible.

DCSsunhill · 27/08/2012 22:18

Yes, get your mother to ŵrite you out of the will, for the time being.

DCSsunhill · 27/08/2012 22:19

Write rather...not sure what happened there.

bertiebassett · 28/08/2012 10:14

Thanks for replying folks...

So is it the divorce or the financial agreement (or both) that need to be sorted out?

OP posts:
Collaborate · 28/08/2012 10:29

The financial settlement, when made, should mean he'll have no further claim against you in the event that you inherit.

bertiebassett · 28/08/2012 22:31

Thanks collaborate Smile
So which should I organise first? The divorce or the financial settlement?

OP posts:
Collaborate · 28/08/2012 23:32

They both go hand in hand. The financial order doesn't take effect until decree absolute.

olgaga · 30/08/2012 11:44

Useful information for you:

Relationship Breakdown and Divorce ? Advice and Links

General

Read everything you can get your hands on. Get familiar with the language of family law and procedure and try to get an understanding of your rights BEFORE you see a solicitor. Get word of mouth recommendations for family lawyers in your area if possible. If you have children at school, ask mums you are friendly with if they know of anyone who can make a recommendation in your area. These days there are few people who don?t know of anyone who has been through a divorce or separation ? there?s a lot of knowledge and support out there!

If there are children involved, their interests will always come first. It is the children?s right to maintain a meaningful relationship with the non-resident parent (NRP) ? not the other way around. Children are not possessions to be ?fairly? divided between separating parents. Parents have no rights, only responsibilities. A divorce will not be granted where children are involved unless there are agreed arrangements for finance, and care of the children (?Statement of Arrangements for Children?). It is obviously quicker and cheaper if this can be agreed but if there is no agreement, the Court will make an Order (?Residence and Contact? regarding children, ?Financial Order? or ?Ancillary Relief? in the case of Finance)

Many family lawyers will offer the first half hour consultation free. Make use of this. Don?t just stick with the first lawyer you find ? shop around and find someone you feel comfortable with. You may be in for a long haul, so it helps if you can find a solicitor you?re happy with.

If you can?t find any local recommendations, always see a solicitor who specialises in Family Law. You can search by area here:

www.resolution.org.uk/

You can also find family law solicitors here:

www.lawsociety.org.uk/areasoflaw/view=areasoflawdetails.law?AREAOFLAW=Family%20law&AREAOFLAWID=36

Check your eligibility for Legal Aid here:

legalaidcalculator.justice.gov.uk/calculators/eligiCalc?execution=e1s1

Some family law solicitors publish online feedback from clients ? Google solicitors to see if any recommendations or feedback exists.

Mediation

You will be encouraged to attend mediation. If there has been violence or emotional abuse, discuss this with your solicitor first. Always get legal advice, or at the very least make sure you are aware of your legal rights, before you begin mediation.

Married or Living Together?

This is a key question. If you are married, generally speaking you have greater protection when a relationship breaks down.

Legal Issues around marriage/cohabitation and relationship breakdown are explained here:

www.adviceguide.org.uk/england/relationships_e/relationships_living_together_marriage_and_civil_partnership_e/living_together_and_marriage_legal_differences.htm#Ending_a_relationship

static.advicenow.org.uk/files/benefits-and-livingtogether-2010-11-1161.pdf

DirectGov advice on divorce, separation and relationship breakdown:
www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/index.htm

Legal Rights are further explained here:

www.rightsofwomen.org.uk/legal.php#children_relationship_breakdown

I found these guides from law firms quite informative and easy to read ? there are others of course:

www.family-lawfirm.co.uk/uploaded/documents/Surviving-Family-Conflict-and-Divorce---2nd-edition.pdf

www.terry.co.uk/hindex.html

Finance

Before you see a family law solicitor, get hold of every single piece of financial information you can, and take copies. Wage slips, P60s, tax returns, employment contracts, pensions and other statements ? savings, current account and mortgages, deeds, rental leases, utility bills, council tax bills, credit statements. Are there joint assets such as a home, pensions, savings, shares?

Handy tax credits calculator:

taxcredits.hmrc.gov.uk/Qualify/DIQHousehold.aspx

Handy 5 Minute benefit check, tax and housing benefit calculators:

www.moneysavingexpert.com/family/

Child Maintenance Calculator:

taxcredits.hmrc.gov.uk/Qualify/DIQHousehold.aspx

Further advice and support

www.maypole.org.uk/

www.womensaid.org.uk/

www.gingerbread.org.uk/

england.shelter.org.uk/get_advice/families_and_relationships
(Re Shelter, if you are not in England follow the link at the top)

SylviaB75 · 07/09/2012 11:27

Hello everyone, I'm new, so I hope you don't mind me dropping in, but I recently got divorced and I thought it was important to let everyone else know about this. NOt only are your savings and inheritence a potential problem area, but you also have to consider how your pension could be affected. This came up when I got divorced recently and I approached a pension advisor in Norwich and they were very helpful. It made my life a lot less complicated! It's definitely worth talking to a professional! www.tailoredpensionsolutions.co.uk/pension-sharing-and-divorce.html

Collaborate · 07/09/2012 11:47

Sylvia - I just had a look at that website and there was one glaring error I saw straight away - the attempt to equate £200k in a pension with £200k in a house.

olgaga · 07/09/2012 13:45

This article explains it quite well:

www.resolution.org.uk/editorial.asp?page_id=476

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