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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my boyfriend is going through a divorce, he completely left

Customer Question

my boyfriend is going through a divorce, he completely left everything for the woman to pursue so i am not sure he has taken out time to research about the divorce process.

he has proposed to me but i need to be sure that i am in a safe place and my future is secure.

He has two kids for his ex wife and has moved out of the house which he bought. the court says the house can be sold after the kids turn 18, the kids are 10 and 12.

my boyfriend is 25 years older than me which give me more reasons to worry about the future i have with him.

my major concern is, what is going to happen to his will and pension, as to my knowledge he wrote his will before the divorce and technically left everything he has with his ex wife.
He also owns a business which i currently work in but i feel all my hard work will be taken off me if his will isn't changed.

Also i will like to know what rights he has now he is ina new relationship and cohabiting with myself.

the initial arrangement made to court was to see the kids every weekend, however we requested that we as a couple get one weekend off for ourselves and she has threatened to take him to court.

i also need to know how he can go about this in order for the woman not to have access to any of his assets as she is a gold digger and a bomb.

He has not had the degree of absolute yet but obviously he now has a girlfriend so his situation has changed.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have the Financial arrangements been agreed and turned into a Court Order sealed by the court?
Clare
Customer: replied 2 years ago.
It has
Customer: replied 2 years ago.
If it's to do with child maintainace
Expert:  Clare replied 2 years ago.
Hi
It should also have covered the house?
Clare
Customer: replied 2 years ago.
Yes
Expert:  Clare replied 2 years ago.
Hi
So there is a Final Order n place regarding the capital settlement which means his ex has no further claim on him other than for maintenance.
On the making of the Decree Absolute any provision made in his Will for his ex wife will be revoked - but obviously if he wishes you to share in his assets he will need to make a new Will making that clear
There is no change in his position because he has a new partner and so far as contact with the children is concerned it is for them as parents to negotiate a settlement that works for them both
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
I am still confused. He had got a letter saying keep this safe if you want to remarry and it has degree of absolute. My question is will his will be shared to his ex wife as though he was deseased and also what happens to his pension
Expert:  Clare replied 2 years ago.
Hi
Right so he has received the Decree Absolute
That mean that any mention of his Wife in the Will will be ignored.
However it will be safer if he makes a new Will.
His pension will belong to him and he can nominate whoever he choses to receive it?
Clare
Customer: replied 2 years ago.
I thought his wife will get a share of his pension and will as though he was dead?
Expert:  Clare replied 2 years ago.
Hi
No not at all
The issue of a Pension Sharing Order will have been dealt with within the financial order.
And the Decree Absolute means that in his current Will any mention of his ex will be ignored - as if SHe was dead
Clare

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