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Legal matters

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Divorced, no financial settlement - terminal illness?

41 replies

Shockedandworridbythistunt · 07/03/2023 05:45

Have name changed for this as potentially outing.
Exh filed for divorce and despite my lawyer asking his not to apply for final order until finances sorted he did and it was finalised.
We were preparing Form Es to exchange.
His mother told me just now that he is hospital and has been diagnosed with advanced cancer (he didn't want me to know but she thought I should) so now I can why he was so determined to push through the divorce before the settlement.
Am obviously contacting my lawyer today but any advice on what is likelyhappen? He has a girlfriend who has no job and four kids so would not be surprised if there is talk of a deathbed marriage.

OP posts:
Dustybarn · 07/03/2023 14:09

OP I understand how frustrating this must be, but he is probably going through hell and just wanted to ensure that he can leave his post-divorce estate to whom he chooses on his death (which is most likely to be to his parents, not some woman he has just met). Your solicitor will ensure that you get your share of the marital assets - either now or from his estate (should his condition deteriorate). You should discuss with the solicitor the likelihood that you may be the sole provider going forward and how that impacts on the asset split (for example, how will a dependent’s claim against the estate work or can he put money in trust (if he has cash) to be used until the DCs have all ceased to be dependents)?

Viviennemary · 07/03/2023 14:17

How is the divorced finalised without a financial settlement. Can't see anything wrong with what he's doing. Sounds like you want things to go your way. Not on under the circumstances.

GrannyAchingsShepherdsHut · 07/03/2023 14:24

OP what is the actual situation finance wise between the two of you? Do you still own property / have bank accounts jointly?

Shockedandworridbythistunt · 07/03/2023 16:39

I posted here for legal views not opinions based on wild conjecture so thank you for those who read my OP and have responded constructively. As the title says - the divorce is final and he rushed it through their despite my solictor asking him not to - so we divorced but there is not yet a financial order. So pretty pointless telling me not to get divorced with our giving the finances /ofcourse I did not want to do that!
Anyway my lawyer b is now dealing with it so thanks to those who read my OP and have helpful responses.

OP posts:
InfluencerHag · 07/03/2023 16:52

Do you think he's trying to plan to leave any inheritance to his new partner?

Fifi0000 · 07/03/2023 16:57

InfluencerHag · 07/03/2023 16:52

Do you think he's trying to plan to leave any inheritance to his new partner?

Yes I think so , if you are dying though you aren't going to want to remain married as the spouse is automatically the next of kin and automatically inherits the entire estate. On his behalf he's wise to divorce now he has limited time left , you don't know if he's already made provisions for the children..

prh47bridge · 07/03/2023 18:02

Fifi0000 · 07/03/2023 16:57

Yes I think so , if you are dying though you aren't going to want to remain married as the spouse is automatically the next of kin and automatically inherits the entire estate. On his behalf he's wise to divorce now he has limited time left , you don't know if he's already made provisions for the children..

No, a spouse does not automatically inherit the entire estate. How much they get is decided by the deceased's will.

LemonTT · 07/03/2023 18:06

InfluencerHag · 07/03/2023 16:52

Do you think he's trying to plan to leave any inheritance to his new partner?

Not necessarily. It is more likely he doesn’t want his share of the marital assets to go his ex. Then he has no say in what she does with it. He may also want his new partner to have legal status in other decisions about his health care and death.

As a dying man he is entitled to decide how his share of the marital assets are disposed off after his death. Also in who is married to at the time of his death.

His death won’t reduce her share of the assets in the divorce. Sorting out the divorce as painlessly as possible and seeking some assurance in whether he is able to make provision for any dependent children would be the way to go.

EliflurtleTripanInfinite · 07/03/2023 18:20

I hope one of those knowledgeable on the law posts an answer for you. I do know that what is classed as marital property in a divorce can be very different to what you have a claim against the deceased's estate for. Which I'm guessing is why he's done this. How long has he been with the girlfriend? She may have a claim and he may will things to her. What's he been like before this? If he's good and caring Dad I wouldn't be so worried. id certainly not want to die married to stbxh, I'd be rushing that, and I'd probably put a fair share of my bit into trust for our DC as opposed to leaving it to him, but my priority would be my children and no one else. Do your joint DC know?

Depending on the form of ownership if you own a home together it may automatically pass to you after his death. If it's held as Tennant's in common his half (or whatever portion he owns) will generally pass to whoever it's willed to. There's no automatic inheritance by spouses, as stated by a PP up thread, it's more complex than that.

EliflurtleTripanInfinite · 07/03/2023 18:24

It doesn't change OPs rights to the marital assets in a divorce, but if he does die before that is finalised then the will and estate law come into play.

MrsBertBibby · 07/03/2023 19:39

It's impossible to advise without knowing your respective financial positions.

I hope your solicitor has been able to come back to you.

LoveMyPiano · 07/03/2023 19:54

Good Lord. Why do people not read properly? And then make themselves look foolish with wild and incorrect assumptions? Never ceases to amaze me.....

I read instantly that your Divorce was grated without Ancillary Matters being resolved. (I was bulldozed, and weak.) The Solicitors(s) are partly at fault for letting (encouraging?) this to happen, and anyway it is ill-advisable, and the absolute opposite of the "Clean Break" some parties seem to want.

Obviously, that is bad enough - and now further complicated by his illness, and potential upcoming death. I guess, at this point in time, were he to die, his Will would be taken into account, but am sure that you have some rights due tot he AM not having been completed. I thought that the Form E (Financial Disclosure) was an integral part of the Divorce even if, as happened with me, it was almost utterly ignored...

You do need some legal assistance, quickly I would say.
And a few on here need to check their comprehension skills.

(In my case, the Divorce was granted one year, and the Ancillary Matters a year l(went before Judge for that), maybe more, later - and I did not receive anything until a year after that! And he wasn't - unfortunately - about to die!)
God, it dragged on. And he was the "guilty" party....

Oh and look out for the phrase Calderbank Letter. It is a horrible threat.

MamaBear2Cubs · 07/03/2023 21:59

PuddlesPityParty · 07/03/2023 06:33

🤨 if he’s dying then he might not have been thinking in the most logical way and wanted to quickly push something through. I’m sorry but it this was a woman you would not have said any of this.

OP, not a good situation for you to be in - I’m sorry this has happened to you! I think the only thing you can do is speak to your divorce lawyer / solicitor and they’ll guide you through what to do.

@PuddlesPityParty behave yourself.

PuddlesPityParty · 07/03/2023 22:20

MamaBear2Cubs · 07/03/2023 21:59

@PuddlesPityParty behave yourself.

Grow up. Funny you only replied to me when multiple people called you out. Says it all 🙄

MrsClatterbuck · 07/03/2023 22:43

prh47bridge · 07/03/2023 18:02

No, a spouse does not automatically inherit the entire estate. How much they get is decided by the deceased's will.

And if he dies intestate the widow still doesn't inherit the whole estate but the intestacy laws come into play.

mitsandscarf · 13/03/2023 21:57

This is a difficult situation, is he having treatment? Been given a prognosis? Some stage 4 cancer patients can still live for many years, has your solicitor responded?

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