UK Family Law
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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.
In whichcase, she cannot get blood out of a stone, although she may be able to take aproportion of your pensions and you would be able to take a proportion of hersif she has any.
If she isunreasonably refusing to allow you to get the decree absolute in August, youare faced with a court application to resolve the financial issues.
Is she usinga solicitor?
Does sheknow that you want to get married at the end of the year?
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
Thank you.Don't let her know that you intend to remarry otherwise, just out ofawkwardness she may want to delay things.
On thefacts you have given she is unlikely to get any maintenance.
She canobject to you getting the decree absolute in August if she doesn't think thatshe has an adequate settlement. If she doesn't get an adequate settlement (inher eyes) and you want to press the matter, it is for the court to decide.
Does thatanswer the question? Can I assist any further? I am happy to answer anyspecific points you want to raise.
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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
You cant be forced to claim early but she can hold updivorce until it is finalised.
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