Yes a court order was made but my ex-husband and his solicitor failed to do the paperwork and the divorce went through with the policy remaining in both names. The reason I am not willing to release to his estate is that I raised my two girls alone; he never paid any maintenance. I struggled financially for many years and was forced to encase my own policy for half its' value. I was then forced to sell my home and buy a small flat. Over the years I had to remortgage to enable me to care for the girls.
I believe that I am owed years of back maintenance in the region of £60K and that as my ex and his solicitor failed to carry out the paperwork and the policy is now in my sole name, I should be able to encash it. I have offered the girls £10K each but they want the total proceeds.
I don't think there was a court order for maintenance. However, he should have paid me a certain amount through the Child Support Agency. When they reduced his payments to £5 a week I contacted my local MP who was brilliant and got the CSA to investigate immediately. After several months investigation it was found he was defrauding the CSA. I received a personal written apology from the Chief Exec of the CSA for mishandling my case. I was owed £2500 from my ex, but never received a penny. My ex immediately left his job and went on long term sick leave - I could not even claim the minimum of £5 a week. Even though I asked him on many occasions, he refused to help me in any way financially for the children - even refusing to buy them a pair of shoes. I was told by him that if I needed money I should sell my clothes.
I would also add that he subjected me to physical abuse for 9 months before the court ordered him to leave the house.
Thank you Clare