Ask a Law Question, Get an Answer ASAP!
Hi, I'm Lea and I have reviewed your query.
Has she received the petition as yet?
Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.
The petition that she receives will state whether the husband is asking her to pay part of the costs of the divorce. When she receives it she can check and put in any objection she has to the court when she responds.
Whether she is entitled to anything would depend on whether either of them have anything - did they own property together? Was she a stay at home mum raising the kids whilst he built a career? Did either of them have pensions?
There are too many questions to ask to be definitive in an online forum like this, but the bottom line is going to be that if she wants a financial settlement, or even just to ensure there is a clean break after the divorce, which is a good idea (just in case she wins the lottery for example!), then she should apply for a financial order, which she can do during the divorce proceedings by filing form A, which she can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713394/Form_A_Eng_6.18.pdf
Does that help?
I would strongly suggest that your mother makes a claim, even if it turns out that he has nothing...if he has a pension, she is likely to be entitled to a share of the element of that which was built up during the marriage. If it turns out he has nothing, not even a pension, then at the very least she can get a clean break order which prevents either of them having a future claim against the other in the future.
Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. Thank you.