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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20902
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My wife of 15 years petitioned for divorce on the grounds of

Customer Question

My wife of 15 years petitioned for divorce on the grounds of my adultery, i did not contest this and decree nisi was granted with absolute being due for mid may. I have found out that this has not been applied for due to her asking for a financial settletment. We did not own a house, the marital home was rented in her name. There were no children of the marriage though I did help bring up her two youngest for part of our marriage, they have now left home and have their own lives. My wife never worked during our marriage and since our separation has been diagnosed with a health condition which means she will not be going back to work. She has sold/destroyed personal property of mine which could have formed part of any financial settlement. Her income in benefits is greater than mine (i work for minimum wage), I have been declared bankrupt prior to decree nisi and live with my new partner and her son. I am responsible for my new partner as she can not work because her son is severely disabled and can not be left alone. My questions are:

1 what sort of 'maintenance' can she apply for as I have no disposable income only pensions which are payable on retirement age

2 I can apply for decree absolute in August on the rules of time lapsed since decree nisi but can they hold it back. I am prepared to go with what the court says i must, but i can not see them awarding her anything since I have nothing to give but from my pensions. I want to be able to remarry in December, can i ensure i get absolute in time for this to happen?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Do you have no marital assets at all?
Customer: replied 1 year ago.

no marital assets no.


 


I was asked to leave the marital home and did so with the clothes i stood up in. because of threats of violence by her sons i had to take the police with me to retrieve my life saving medications, clothes and a few personal belongings. since then (almost a year ago) i have been allowed to collect a few more of my belongings but she has kept thousands of pounds worth of tools, diving equipment which would have formed part of any settlement - she now claims she does not have it. I certainly do not. the only asset i had was a motorcycle which a friend purchased from the insolvency people when i was declared bankrupt, the vehicle is registered in their name though i am allowed to use it.

Expert:  Stuart J replied 1 year ago.


In which
case, she cannot get blood out of a stone, although she may be able to take a
proportion of your pensions and you would be able to take a proportion of hers
if she has any.

If she is
unreasonably refusing to allow you to get the decree absolute in August, you
are faced with a court application to resolve the financial issues.



Is she using
a solicitor?



Does she
know that you want to get married at the end of the year?

Customer: replied 1 year ago.

yes she has a solicitor supposedly with legal aid and no, to the best of my knowledge she does not know i intend to remarry

Expert:  Stuart J replied 1 year ago.


Thank you.
Don't let her know that you intend to remarry otherwise, just out of
awkwardness she may want to delay things.

On the
facts you have given she is unlikely to get any maintenance.



She can
object to you getting the decree absolute in August if she doesn't think that
she has an adequate settlement. If she doesn't get an adequate settlement (in
her eyes) and you want to press the matter, it is for the court to decide.



Does that
answer the question? Can I assist any further? I am happy to answer any
specific points you want to raise.



Please
don't forget to positively rate my answer service (even if it was not what you
wanted to hear).

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If in ratings you feel that you expected more or it only helped a little,
please ask.



The thread
does remain open for me to answer follow-up questions.



I am
offline shortly until later and will pick this up then if needed.

Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20902
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you for that


 


I have received a letter from her solicitor saying that she will not conclude the divorce until 'her claim to your pension rights can be dealt with and satisfied'


 


She has told her solicitor that i intend to claim my pension at age 50, if I do that i will lose out on the amount payable so it has never been my intention to claim my pension any earlier than the official retirement age of 66 as I believe it to be now.


 


can i be forced to claim the pension or part of it early? If I do not claim early can this be used to prevent my decree absolute from being granted. I am willing to share my pension with her as the law states but only when I retire

Expert:  Stuart J replied 1 year ago.
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Stuart J
Stuart J
Solicitor
1781 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice