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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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My daughter went through a divorce in 2007 and has just

Customer Question

My daughter went through a divorce in 2007 and has just found out she has not had her absolute documents - she has been separated since 2005/6 - has two girls now aged seventeen and fifteen - my husband and I have left a will to be spit between their mother and her sister if anything happens to us - does this mean he can claim anything from her should we die.
He was approached by her asking about absolute documents and he said he could claim her pension (she has a good professional job Deputy Head of a school). This has really worried us - do we need to look into this further and roughly what costs it may be to pursue it. Bearing in mind he is a divorce lawyer and it was never in court to discuss maintenance and it causes a lot of trouble asking for it. Mrs. J. Hughes
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Is your daughter sure there has been no Decree Absolute?

Customer: replied 1 year ago.
checked with her solicitor she had for the divorce - they said it was so long ago they would have to get all documentation and it would cost her so much an hour.. After getting in touch with C.C. they said no absolute was found and two case numbers from the courts were given (which I have). One was issued at a later date - after a consultation with him about this his answer was I will get your pension??? Jeanne
Expert:  Clare replied 1 year ago.

Was any financial agreement reached at the time?

Customer: replied 1 year ago.
No court was involved with finances - it was decided between the two of them for maintenance for the two girls it was around 300-350? a month - it is never paid regularly causing many arguments between them both-always having to ask for it. The house they lived in then was sold and split - my daughter has been working all her life - having time off for her pregnancies. She rented a house then bought one but has always had the children with her - he has always had them alternate weekends holidays etc. He presently is working for an agency - he has been a qualified solicitor dealing in divorce cases since around 1999-2000? Has never married again (which I don't think he could with out divorce absolute ?) Jeanne
Expert:  Clare replied 1 year ago.

Which of them issued the Petition?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I have just found a document stating the following which was done in Nov. 2007 (Divorce started 2005) from County Court Petitioner Husband - Respondent Wife - Upon non attendance of the petitioner-and upon the non-attendance of the respondent - EX PARTE BY CONSENT IT IS ORDERED THAT 1 The Petitioner do have permission to file a second petition 2. Upon the filing thereof the prayer of the petition herein and the prayer of the answer be stayed
3. On pronouncement of the Decree Nisi on the prayer of the second petition herein do stand dismissed and the cross petition and the cross prayer contained in the Answer be struck out
4 There be no order for costs NO signature just Case No.the same as original one in Nov. 2005
Expert:  Clare replied 1 year ago.

Was there actually ever a Decree Nisi?

Customer: replied 1 year ago.
I don't know what does it look like - I am going over the week end and try and get all documentation I can find - I will phone her tonight. If you can get it sorted Clare I will be most grateful - I don't mind covering the costs for a while - Thank you for your help - Have a nice weekend Jeanne
Expert:  Clare replied 1 year ago.

Could you ask the court (it is just another piece of A4 paper I am afraid)

Customer: replied 1 year ago.
OK - will do it on Monday Many thanks Jeanne
Customer: replied 1 year ago.
Have tried to find NISI but at the moment no luck - have called court today and in 2005 a case was issued and went on for a long time - she cancelled her lawyer as she was paying monthly and costs got too much - no NISI was reached - apparently he issued another Case and in January 2008 a NISI was granted we cannot find it - she has to apply and to get Absolute through a hearing. Is this a worry for my husband and I as our will splits between our two daughters - can he claim if no further action was taken to get absolute - and is it possible he can claim part of her pension. (Not bad for someone who was aggressive - drank - took steroids out a gym three times a week - spat at his wife - turned out to be lawyer after she put up with his studying for two years at home before they had the children ) Can this be looked into.
Customer: replied 1 year ago.
Does it make any difference without Absolute to what we leave to her in our will - and if he can get any part of her work pension when she retires - at what stage during the divorce was supposed to be decided - would she have too have signed something.
Customer: replied 1 year ago.
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