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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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I obtained a Decree Nisi in October 1989 but the Decree Absolute

Resolved Question:

I obtained a Decree Nisi in October 1989 but the Decree Absolute was never applied for by myself or my ex-husband due to not knowing the law. During the whole process of divorce, I was granted by the court full ownership of the residence that I still live in now and I myself have paid off the mortgage on my own, the Land Registry is solely in my name since 1991 and I raised our son there all his life.
My ex-husband has now passed away after living in Poland since 1991. Previous to our marriage, he was married and had one daughter. Currently, my son, and the daughter from the first marriage are in the process of legalising the inheritance in Poland (he has no assets in the UK). During this process, I have found out that the divorce was never finalised because of not applying for the Decree Absolute.
I want to write myself out of his inheritance and make sure that it is split equally between his 2 children (needed by Polish law).
I have a will that passes all my assets only to my son.
My main question is... Does the daughter to the first marriage have any rights to my assets bearing in mind that the Decree Absolute was never applied for? Does the fact that all the assets were granted to me by the courts during the divorce mean that although officially still married but separated for 26 years, the assets are solely mine and my Will cannot be challenged at any point?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Please do not worry.
His daughter has no claim on your assets at all despite the fact the divorce was not completed
It does not effect matters at all
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare,

Thank you for your answer.

Would it be possible to get more information as to the reasons why she is not entitled to my assets just so that i have full understanding and clarity?

Kind Regards,

Anna

Expert:  Clare replied 2 years ago.
Hi
The Transfer of your property happened a long time ago - so the property is yours alone.
Since she is not your biological daughter she has no claim on you
Clare
Customer: replied 2 years ago.

Hi Clare,

I understand but is there a specific law that stipulates that she has no legal right to my assets?

Kind Regards,

Anna

Expert:  Clare replied 2 years ago.
Hi
She has no right to them because there is no law that DOES say she has a right to them - that is how the English legal system works
Clare