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Legal matters

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Finances, decree absolute, cancer

9 replies

chubbychihauhau · 14/09/2024 09:57

And legal people here who can give an answer as when I look online I'm getting conflicting information.
Partner has been going through acrimonious divorce since 2020. Decree nisi since 2021.
Diagnosed with cancer first time 2021. Ex delays and holds things up probably hoping he'd die before financial could be sorted. They have a 19 year old and 17 nearly 18 year old.There is quite a lot of money involved.
Roll on to now the first FDR hearing was done in Feb this year.
Second hearing has been listed for April next year. Partner has been struggling with his health very much since treatment ended and yesterday was told by consultant cancer is likely back but in a different area. This is following a PET scan and bloods so more likely than not.
He is devastated, panicking and angry. Understandable.
He wants his divorce finished, he'd like his share of the marital pot as she's living the high life and he's been on benefits and unable to work. They were both high earners.
Questions we can't find help with.

Can he get his decree absolute before the financial side is settled so he's actually divorced properly. He hates the fact he's still tied to such a nasty piece of work?

Can the court date be brought forward because of his health? A year between hearings is a joke. This is the second and if she doesn't co operate then it could go to a third. Will that be another year?

Can he prevent her finding out about new health diagnosis as she will use it to delay again hoping she'll be left a merry "widow"

Will the pension be affected, (he wants pension sharing) if he gets the decree absolute now?

Self representation as no money for solicitors and she is barristerd up to the eyeballs.

He only wants his share, he needs money especially as it could help with private medical treatment.
For context, long marriage of 20 years, pot worth over 1mil and her offer was £20 grand. She's like the seagull in finding nemo, mine mine mine

OP posts:
millymollymoomoo · 14/09/2024 11:00

I think you’d be better to post on the legal board where there are some laywers

Sounds awful

unsync · 14/09/2024 11:32

General advice is financial settlement first, Absolute after. Presumably his Will is up to date though so she won't get everything? If she is still in the FMH, has he severed the tenancy so that she doesn't automatically inherit his half? If she's got all the money and he's on benefits due to ill health, has he put in a claim for maintenance pending suit?

lljkk · 14/09/2024 11:42

How would she know specifics of his health status unless he tells her or he tells the kids & they tell her? Why do you think she'll know, no matter what?

The pension remains in the shared wealth pot until it is explicitly removed.

RandomMess · 14/09/2024 11:44

You can divorce before financial settlement but it's not recommended.

Sounds like he needs a shit hot solicitor and barrister who have proven good outcomes for people in this situation.

chubbychihauhau · 14/09/2024 11:52

Ok, trying to remember what you've asked,

How do I move this post to legal?

He has a charge on the former marital home so it can't be sold from under him.

He wondered if she would find out about new health issues if he approached the court to bring the hearing forward. He does not want her to know at all. She will use it as an excuse to delay things.

With regards to legal, there is literally no money, pip and universal credit. No money for barrister.

OP posts:
RandomMess · 14/09/2024 12:09

Can you not ask to repay legal fees from divorce settlement?

Sunlounger25 · 14/09/2024 12:13

Hello - I'm so sorry you're going through this. A year between hearings is ridiculous, I'm in London and it's been six months.

Have all the financial disclosures been completed on both sides? I'd instruct a solicitor and pay them at the end (or even get a loan).

There's lots you can do with their support at the back-end and they can chase courts for a sooner listing.

Doggymummar · 14/09/2024 12:14

RandomMess · 14/09/2024 12:09

Can you not ask to repay legal fees from divorce settlement?

Yes you can, my lawyer out a charge on the house and both sets of legal fees were paid from the sale.

chubbychihauhau · 14/09/2024 18:38

Sunlounger25 · 14/09/2024 12:13

Hello - I'm so sorry you're going through this. A year between hearings is ridiculous, I'm in London and it's been six months.

Have all the financial disclosures been completed on both sides? I'd instruct a solicitor and pay them at the end (or even get a loan).

There's lots you can do with their support at the back-end and they can chase courts for a sooner listing.

Yes, it's a joke. We are in the SE not far from London. Everything has been done including actuary report. It's just the court taking forever.
Will look at trying to find a solicitor who will take the payment at the end. He's found it difficult because of his cancer the first time. I suppose if he'd have died then she would have kept everything. I think they reckon he's too much of a risk.
It's so awful, he just wants to move on and he can't. We can't.

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