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Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi! My mother and father are aged 82 and 83 respectively. They separated 25 years ago. At that time they sorted their financial arrangements legally, but did not 'divorce'. My father now has a new partner. My mother does not. My mother still receives half of my father's pension, as they agreed she should. My mother is now extremely fragile, in a care home. My father is not fragile, but he now has a 20% chance that he has cancer. He now thinks he should quickly DIVORCE my mother, so that, in case he has cancer and dies in the near future, then the half of his pension could continue to go to his new partner after his death, instead of going to my mother. Can he do that, legally?

Thank you for your question.
My name is ***** ***** I will do my best to help you
He can certainly start Divorce Proceedings based on the lengthy separation - however your mother can apply for an Order that will ensure that she retains her interest in the pension.
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks Clare. Does that 'Order' have a special name? A ..something.. order? And when you say 'ensure', what % chance (very rough estimate..) would she have in succeeding?

It is the Financial Order within divorce proceedings- and there is an excellent chance of success
Customer: replied 3 years ago.

Many thanks Clare, that's all I need. Actually our main concern, as the children, is the emotional impact/stress of my dad going to visit my mum in her care home and saying, hi, I want a divorce because.. etc, goodbye'. So the purpose of the question is to somehow let my dad know in advance, that he has 'little chance', and therefore persuade him to drop the idea before he starts! Many thanks again, Graham

I appreciate your thoughts - but you may also wish to consider that given the news your dad may wish to "regularise" his position with his partner - and compromise may be necessary