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What are the pitfalls of not having a financial settlement in place before the divorce absolute?

5 replies

Antoniabegonia · 28/09/2014 13:59

Could we just do this after the absolute comes through as we are in no rush to sell the house and there are only the pensions to consider.

It's mainly because it is so stressful at the moment I would rather not look at all the pension sharing and house sale at the moment.

H feels the same, particularly as he is facing investigations for possible cancer. If he is very ill I will stay around if he wants help from me but it's all a bit overwhelming at present.

Awaiting return of nisi document from court. H has signed and sent it.

OP posts:
impatienceisavirtue · 29/09/2014 12:12

I really wouldn't go for the absolute until you have the order in place, I'm afraid.

He may be being reasonable now, but that doesn't mean it will stay that way.

FWIW we didn't sell our house when I divorced EXH. The consent order covers what will happen if it sells (he lives in it now) and arrangements for me to be taken off the mortgage by x date but we didn't have to go through the full sale.

Collaborate · 29/09/2014 12:24

If he has the larger mention, and then dies, you won't be his widow and may see none of his pension. If your pensions are identical, you might not have a claim against each other's.

If he dies when you're married to him you might be entitled to a widows pension.

babybarrister · 29/09/2014 19:57

This reply has been deleted

Message withdrawn at poster's request.

Antoniabegonia · 01/10/2014 21:42

Many thanks. H has appt tomorrow to discuss with his problem with the specialist and we are hoping it is something quite straightforward but we will get all the pension stuff together, talk to the providers and get the CETV things and see a solicitor and do it properly with all the appropriate information. I know this is the most difficult part.

I think there is a long delay between the nisi and the absolute so I will have time to cope with it all but I understand it's not a good idea to delay the financial side.

Thanks
OP posts:
WellWhoKnew · 01/10/2014 22:13

There is only a six week, one day between the nisi and absolute for the petitioner, and a three month, one day delay for the respondent.

If neither of you apply for the absolute, then it's infinite. However, only the petitioner can prevent the issue of the absolute until the finances are resolved. I don't know how though.

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