My partner has been granted a decree nisi. He is being advised not to apply for the decre absolute until the family home in which he still lives is sold. The title deeds are in his sole name.We are planning to marry in September. If the decree absolute is granted and we marry without a financial settlement being agreed before we marry will his ex-wife have a call on my assets?
No, your partner's ex wife cannot claim any of your assets. However these may be relevant in any negotiations for a financial settlement or on an application by his ex wife for a financial order. For example by pooling your rescources your partner may be in a better position to rehouse himself following the sale of the matrimonial home. Also if you are working you will be able to share living costs. But this does not mean she can claim a share of your assets if you and your partner marry. I assume the fact that you and your partner intend to marry is known to his ex wife.
I hope this is of some help.
Thank you. She left the marital home 7 years ago and now lives with someone else. They have no dependants and she has been supporting herself since then.Can she apply for a financial order at this stage? Also we intend to live apart for a couple of years after we marry because of work circumstances.Would this mean that my financial posistion would not be taken into account? The only joint asset they have is the house which will form the basis of any financial settlement. If my partnet now applies for the decree absolute would be disdavantaging ourselves in any way?
From what you say, I do not think your marriage will make any difference to the outcome although I imagine it would be nice for everything to be sorted before you do. Also, I cannot see that your partner would be disadvantaged by applying for the Decree absolute at this stage. However you mention that he is being advised and I suggest he asks his solicitor why he is advising against applying for the decree absolute until the house is sold. I am assuming your partner is the Petitioner - ie he started the divorce proceedings.
The aim is to agree the terms for a consent order that can be approved by the court within the divorce. This can be dealt with before or after decree absolute with the order becoming effective on decree absolute if not already granted. If your partner is the respondent to the divorce it is important that his application for a financial order is made before he remarries. He does not need to wait until the house is sold before sorting out the financial settlement -in fact it would be far better to have this sorted as soon as possible so the he and his ex know how the proceeds will be divided before the sale is completed.
25years+ experience as Solicitor in private practice. Accredited Family Mediator. Member of Law Society's Children Panel.
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