The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

My partner's decree absolute

  • Lucretia
  • Lucretia's Avatar
  • User is blocked
  • User is blocked
More
07 Aug 09 #136909 by Lucretia
Reply from Lucretia
One wonders where her pride is and why she does not work?

I do feel for you .

  • AmitSharma
  • AmitSharma's Avatar
  • Elite Member
  • Elite Member
More
07 Aug 09 #136942 by AmitSharma
Reply from AmitSharma
If you are the sole legal and beneficial owner of your property which you share with your partner, I do not see how your assets are in danger. Family law is limited to chasing the spouses interests and on the face of it if there is nothing recording a beneficial interest (your partners) on the land registry there is no interest which will be implied. The only way it would be part of his interest is if he were to claim a constructive (court made trust through circumstances and conduct) trust from you. If you are concerned about this you should get proper advice. You may ask your partner to waiver any/all rights in the property (rights to occupy and claim any other interest)

It is up to your partners ex wife to make an application, giving the circumstances that property was adjusted whether formally or not has to be taken into account, the only issue would be possible pension sharing.

If she was in real urgent need then the question is why she has not taken any steps. The court have to assess the needs and if those needs were satisfied then the courts may not take the matter any further.

Any litigation including family is a chess game, its upto the person who want to make a move to make one and there may be little point trying to pacify a situation that doesn't exist or at worse, an application which is made even after the expense of making an agreement. Any agreement will not preclude her right to make an application as the courts jurisdiction and inherent power cannot be removed by agreement.

  • rita59
  • rita59's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Aug 09 #137167 by rita59
Reply from rita59
Thanks. This gives me a little reassurance. I am considering returning to my solicitor re: the will I made five years ago, especially as he's just received his will and left it lying around. Couldn't resist a peak and guess what - he's only leaving 30% to each of his kids, 20% to me and 20% of his estate to his wife. But, if he survives any of his kids their share goes to his wife. If he eventually does get his absolute does this will become null and void?

  • rita59
  • rita59's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Aug 09 #137169 by rita59
Reply from rita59
Thanks, this is something I've wondered for the last nine year. Prior to my partner leaving her and setting up home with me she was a nurse working 2 or 3 nights a week. However, once he moved in with me - guess what - she went on the sick and then claimed early retirement through ill healt with a bad back. When I left my ex-husband (my daughter was thankfully married then) in order to get my divorce over and done with quickly (also to avoid any further physical and mental absue) I took on board a second job and didn't haggle with anything, other than refusing to the 5p maintenance, 'coz I just wanted closure and to move on. Seems my side of things has but clearly not in respect of his side. I love my partner enormously and many times I've thought of giving out ultimatums but that sounds rather petty and the traits of a jealous woman. However, I'm terrified that once he starts discussions up again with his wife it'll cause a lot of unnecessary heartache and strain for us both. Guess I'll just have to be tolerant and understanding.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.