Divorce: No Decree Absolute

[punjabilad]

Dear All,

Ex is delaying the matters till she see me die and I want to be free of her.

Decree nisi in place since one last year but I agreed to her solicitor demand that I will not apply for decree absolute until financial settlement has been done. Since last 1 year, no progress has been made and now I have applied for financial order. Thats the background.

Now I (as respondent), also want to apply for decree absolute. I am told that her solicitor will raise concerns about substantial amount of money in the business and if absolute was granted, her client could potentially loose out until financial order is in place.

I have spoken to my solicitor and my accountant, both have no idea about this argument i.e. what happens to the money in the business if die or if this is a valid argument

What happens to the money in business if I die? is it purely based upon my will and what if I have no will in place and can my ex (technically still my wife) claim it?

Please can someone shed some light and how can I counter argument it.

We have a complicated financial situation with joint assets abroad and my ex will delay and create problems and I am just too depressed :-(

thanks

[GreenMirror]

Divorce is actually in 3 parts. Dissolution of the marriage(which itself is in two bits). Child access. And the finances(ancillary relief/spousal maintenance).

Do you have a solicitor? You can do dissolution and child access fairly easily. Finances are complex and really need professional advice.

Who is telling you that Decree Absolute will affect finances? That is not correct.

If it is correct or not, you need to get on with the finances. A "clean break" is best. Even if you pay 1p a year it can be altered. A clean break cannot be altered.

If you die intestate, your wife still has a claim on your estate. She is your wife until the decree absolute. The company would need to be wound up.

More complex is what happens when you die after divorce. There are two specific clauses you need - most agreements only contain one. One protects a lump sum settlement, the other protects against ongoing maintenance. You need the best you can afford.

On a personal level, I hope you will find some way forward with your health. I do hope any children are being protected in this.

[TonyF]

What happens to the money in business if I die? is it purely based upon my will and what if I have no will in place and can my ex (technically still my wife) claim it?

When you die, your shares in the company are left to whoever you have stipulated in your will.

If you don't have a will then as with all your other assets, the rules of intestacy apply - https://www.citizensadvice.org.uk/fa...-of-intestacy/

If you die with no will and aren't divorced then your wife will get a claim on the estate. If you don't have children, grandchilden or great grandchildren then she gets everything. If you do then she gets all your personal property and belongings, plus the first £250k of the estate, plus half of the rest.

Get a will sorted ASAP and leave your assets to someone else.

[SueEllen]

If you delay the Decree Absolute any longer for no good reason you may have to start your divorce again from the beginning.

Write a will leaving everything to your children or anyone in your family if you have no children. Your wife can contest it but that will take lots of money and isn't guaranteed.

Then formally ask your wife to go to mediation by writing to her solicitor. If she refuses or misbehaves in mediation write to her solicitor stating that, offer her a fair financial settlement and when she refuses go to court to let a judge decide. She can come out with less if a judge decides.

[Lance]

I have spoken to my solicitor and my accountant, both have no idea about this argument i.e. what happens to the money in the business if die or if this is a valid argument

Sounds like you need a new solicitor.
Are you sure they’re qualified? That’s a pretty basic lack of knowledge.