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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16117
Experience:  I have been practising for 30 years.
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My Ex-husband, the father of my Son has said he has left the

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Good Afternoon....My Ex-husband, the father of my Son has said he has left the house to his Sister. Surely our Son should inherit the house. On our divorce he had 2/3rds of our marital home and I received 1/3rd. He stopped paying maintenance when my Son was 15.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No this is my first action
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Torbay Devon
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes please Can I claim part of his pension?

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

was there a financial settlement?

how long ago was the divorce?

Customer: replied 5 months ago.
there was a financial settlement and it was about 1987
Customer: replied 5 months ago.
no thank you

You would have thought so.

However there is nothing you can do about it now although your son (or you on his behalf if he is under 18) can bring a claim under the Inheritance Provision for Family & Dependents Act if your husband X fails to make adequate provision for his son.

I don’t know why he has stopped paying maintenance or whether your son is still eligible (under 20 years of age and still in full-time nonadvanced education) but if he is still eligible, then make a claim to the Child Maintenance Service.

If your ex husband has done this just to spite, when he dies there is a very good chance that a very large proportion of what he has left to his sister would go the other way and the majority of the will would be overturned.

If you wanted to apply for a financial order, you should really have done that once you have started divorce proceedings and before you have the decree absolute. You can always apply out of time but it needs consent of the court.

Many spouses who have not remarried (you cannot claim anything if you are remarried) pop out of the woodwork years after the event and hold their hand out and get it.

and here

The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.

We can continue on here.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


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