Totally Bemused

Hi I'm currently going through a Divorce and the Decree Nisi is being pronounced on Wednesday 12th August. The Ancillary Relief has not been sorted and my Spouses (soon to be my ex spouse) Solicitors are insisting that the financial disclosure is done on form E. My solicitor however, is saying this is a waste of time and basically throwing good money after bad as it will be looked at and taken out. My Spouse has not agreed to my proposal of Collaborative Law and the whole thing is being dragged out. The former matrimonial home was sold and the proceeds of the sale went towards me purchasing my own property. My Spouse said I could have his share of the sale proceeds and in all good faith I said it was reasonable for his name to go on the deeds of the newly purchased property. My spouse has severred the tenacy to Tenants in Common. He has informed me that he has stated in his will that if anything happens to him his share of the property goes to our two Daughter's. This has created a problem for me as my spouse became engaged in April and intends to remarry very shortly. If anything happens to him his new wife can contest the will. I am hoping in all probability that he will agree to transfer the property into my sole name otherwise it will have to go to court which means Barristers will become involved which will be very costly. I am hoping my spouse will put himself in my position and see sense and transfer the property to my sole name.

Defendant,

The property you have purchased is still a marital asset until the finances have been sorted. Now you have a decree nisi you can get a legally binding settlement - by Consent Order (cheap) or through the courts (potentially v expensive if represented).

You have asked elsewhere about the pension .. this and the property are all part of the marital assets pot for division on divorce.

Look at www.wikivorce.com/divorce/Divorce-Financ...to-calculate-a-fair- financial-settlement.html

This sets out what is considered when assets are divided on divorce.

You can use the on site Divorce Calculator for guidance or if you want wikipeeps to give you a view, you need to provide the following information:

Ages
Length of marriage + pre marriage cohab
Children - ages, genders and arrangements for them (nights with each parent)
Incomes (inc Tax credits etc if applicable)
FMH Value and outstanding mortgage + size of FMH
Value of other assets in sole of joint names - savings, shares, endowments
Pensions - CETVS
Liabilities in sole or joint names - loans, debts etc


Hadenoughnow

No will survives marriage or divorce. Therefore, the will he has is of no use when he marries his new partner. He should make a will once married to ensure that your children are catered for. C.

Marshy,

Are you quite sure about that? It was my belief until I asked my solictor, however as result of this conversation I believe a will does survive divorce - though whether or not that is actually relevant would depnd upon how the individual will was written.

Zaphod

A will survives a divorce, but not a subsequent marriage!