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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 would value some advice I was divorced in 2000 (n married

Customer Question

I would value some advice
I was divorced in 2000 (n married 1965 ) and had a financial settlement agreed by a court in Nov 2000
I have been receiving maintainance from my ex husband He is now trerminally ill and very poorly
I need advice on whather or not I can expect / claim continued maintainance
In the settlement I got the matrimonail home. My husband the sghare of a proerty we jointly owned in France with another couple
I also got various life insurance policies in his name but with me ars beneficiery I kept up the payments for years until it became too costly for the return expected
We had 5 children ( births spread over 18 years ) so I did not do much paid work The basis of our marriage was that he was the bread winner and I looked after the home This means that my earning capacity and pros;ects after the divorce were limited His were good - and indeed he wnet on toearn a good salary
I have been receiving half the county pension my husband received for many years ( when the settlement was made pension sharing had not come in - was just about to do so )
The pension will on his death and go to his widow I feel that it is unfair that she should receive the hole half ( ie no reduction in the pension to her ) when the pension was accured when we were married and before he left me
The agreement sets out the maintainance terms which include "From 1 July 2003 at a rate of £1200 pwer calender month or as otherwise agreed between the parties " I have not received that figure - we agreed upon half his county net pension ( currently approx £880 per month )
There is a clause in the agreement that says "Save as aforesaid the Application by the Respondent ( me ) for a lump sum and property adjustment orders including pensions do stand dismissed"
Does this mean I can not expect to continue to receive any maintainance payments from his ongoing 1/2 pension?
Is there any other way ( perhaps under the Inhertitance Act ) I could claim anything?
I am sorry this is so long I am very worried Although I can sell my house which will realise some capital a large proportion will go on buying a new proerty and allied expenses
As I stand my income will reduce by approx 3/5th ( I have a state pension and small other pension) My exhusband also has other pensions but I am not interested or expecting to claim anything from them
He is much too ill so I could not do anything at the moment The family are upset enough I do not want to add to that I am also upset to see him in this state
I would value your advice
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDoes the Order mention claims under the inheritance Act?
Customer: replied 1 year ago.
The clause that mentions the Inheritance Act says " Pursuant to the Inheritance ( provision of Family and Dependants ) Act 1975 ( Section 15 ) the Court considering it is just toorder, the Applicant shall not be entitled on the death of the Respondent to apply for an order under Section 2 of that Act " I am the respondent so i do not thik that applies to me There is another cluase which says " upon completeion of the transfers of the former matrimonial home and the french property the payment of the endowmnet poliucy and the assiggnment of the investment bond as set out in parpas 1,2,3and 4 of this order,the Applicants claim for financial provision and property adjustment orders including pensions which he shall be deemed to have made do satnd dismissed and the Applicant shall not be entitled to make any further applications in relation to the marriage under the mATRIMONIAL cAUSED aCR 1973 ( section 23 (1) (a0 or (b) " I think this also applies to my exhusband and not me
My granddaughter has just arrived and my daughter unexpectedly is coming to collect her so \i may have to break off - as they do not know what O am doing and I do notant to uoset her I hope NOT
Customer: replied 1 year ago.
Hi Clare
Not sure if my reply cam e through
Expert:  Clare replied 1 year ago.
It did thank youI would prefer to check the order myself before I give you false hope - can you scan it and send it to me at all?
Customer: replied 1 year ago.
I am not sure if I can do that but will try
Are you going to be available for a while because my granddaughter has arrived unexpectledly My daughter will be here to cllect her soon and I can not do this while theyvare here
Thet are upset at the moment and this would uoset them more
I really want advce could I do this or call back later?
Will what I have submitted still be on your system - is there a ref no?
Expert:  Clare replied 1 year ago.
The joy of this is that you can return t this page at any time (as can I ) and simply resume the discussion!
Customer: replied 1 year ago.
Thank you
If I could resume this later - and will see if I canwork out how to scan the diocumnet that would be great
I thought I had some sclear time now but that hads gone I hope i can getback later this afeternoon
How do I get back to you?
Customer: replied 1 year ago.
If I can scan the document how do I send it to you?
Customer: replied 1 year ago.
My daughter has just left - please could you tell me how to send the document if i can scan it?
Customer: replied 1 year ago.
I can not work ou how to scan the documen I wll cme back later when have found smeone to help / show me
Do I just come back to the citizens advoce bureau site - how do I get back to you I am afraisd of lsing the link
Expert:  Clare replied 1 year ago.
My apologies for the delayDo not worry - if you cannot scan that is fine.Just looking at the clause - is does not say the Respondent cannot make a further claim.Did you ever make a formal claim within the proceedings?
Customer: replied 1 year ago.
No - nothing was rwallymentioned about whathappened after the death of my ex husband He has always maintained that i got the house and that should provide for me Pension sharing was not at that point
I think that the property as=dnd asset dividsion are separate to the maintainance but do not know if thatis the case
I have always felt that the settlement was fair but that the Distrct Judge took into account the long marriage and 5 children and my age ( 57 in 2000 ) so little earning capacity and not doing much paid work in the marriage
I can try to get someone to help me scan the document ( am sorry i have tried and getting v worked up because i can not do it!)
I am fearful i may lose this link to you
Customer: replied 1 year ago.
We never went back to court he payments ere always made on what we had agreed That was usually what my ex husband said he would pay - half the county pension
Customer: replied 1 year ago.
I can try to tell you the clauses in the agree ment and you could le me know if you need the full text of any This is the part which is BY COBNSENT IT IS ORdERED
1 refers to Endowment polict - pay off mortage residue to me
2 discharge mortage on matrimonial home and then house transfereed tonke
3 I sign over interest in an Insurance Policy
4 I sign over share of \french property
5 Maintainance order i Dec 1 Nov 30(###) ###-####to cver son and me
iiDec 200 - June 2003 12oo for me
iii July 2003 and therafter 1200 or by agreement ( this is whalf share of hispension 0 I had reached retriremnt age and got state pension )
6 already sent to you about applicants interst in property etc
7 already sent clause about respondent ( me ) calim8ng lump sum etc
8 already sent Inheritance Act clause
9 no order for costs
10 Liberty to apply as to implementation and timing of this order
Hope this help - let me know if you need more text
Expert:  Clare replied 1 year ago.
No that is fine.Does is say anywhere "the respondent being deemed to have made a claim"
Customer: replied 1 year ago.
I can nt see that anywhere The clause i am worried about is 7 ( sent to you ) Save as aforesaid the Application by the Respondent for a lump sum and property adjustment orders, INCLUDING PENSIONS , do satnd dismissed
Dows this mean in hos lifetime, - it s the pension bit that bothers e That is why I wondered if there was any possible claim under the inheritance Act - or whether as it doea not seem to mention a time limit ( and the ension contiues ) I can expect continuity
The pension will be paid to his widow ( and therefore i assume her "propoerty" so not sure I have a claim there>
Customer: replied 1 year ago.
Does the Sve as aforesaid mean the maintainance section? would that mean I can still make a claim I am puzzled how that could apply after death
Customer: replied 1 year ago.
Is this link still live ?
Do you need anythoing else from me
Expert:  Clare replied 1 year ago.
As you know you missed out on being able to have a Pension Sharing Order and there is no basis on which any further claim can be mad eon themAccordingly no you cannot make any claim on the pensions themselves directly.However it seems that your Inheritance Act claims were NOT excluded and you can apply for provision to be made from the Estate since you are financially dependent on himYou can read more about such claims herehttp://www.marilynstowe.co.uk/2012/05/15/lilleyman-v-lilleyman-spouses-and-the-inheritance-act-by-laura-guillon/I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Thank you very much for your help
I am not sure I will claim under theInheritance Act ( I feel I may upset my children ) but may talk to his widow to see if she would be willing to help in some way first
I think it is unlikely
Thank you - at least I know I could make a claim if it is neccessary Is there a timelimit on that? I think read it had to be lodged within 6 months? It would seem to be my only course of action
Expert:  Clare replied 1 year ago.
You will have six months after the Grant Of Probate.Not an easy decision I know
Customer: replied 1 year ago.
Thank you very much I really appreciate your help
Am I abole to come back if i tinkfmre questions or do i need to start the rocess again?
If I can come back do I need to rate at the top to credit you now or when I come back? I am anxious you receive the fee
Apologies for mis-spellings at times! and nt being ae t scan the document
Thank you
Expert:  Clare replied 1 year ago.
You can come back at any time - even after you have given the rating.
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help
Please could you ansewer my query about logging out and credits -
How do I get back to you if I think of more questions?
Thank you
Customer: replied 1 year ago.
Thank you
Still not sure how ge back t you?
I will log out now
Expert:  Clare replied 1 year ago.
Thank you - you can return to this page whenever you wish

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