Divorce and Decree Absolute
Have you considered your Financial position?
Should you apply for Decree Absolute?
As a Decree Absolute brings a marriage legally to an end it is important to consider the impact that this may have for you financially, prior to making the application.
Do you have Matrimonial Home Rights?
The right to live in your family home may only be protected during the marriage and may end at Decree Absolute. You may need to consider what options are available to you in this situation.
Are there Pensions to be divided?
Whilst married you would usually be entitled to a Pension from your spouse’s pension fund(s). If you have Decree Absolute and your Spouse dies, then you lose such an entitlement. You may need to look at this carefully especially if the funds are significant.
What happens if your spouse dies?
If your spouse dies, then financial remedies you have are different than if your spouse were alive. Even if you have a Financial Order you can’t enforce it if your spouse has died. You would have to make a different type of claim. If the Decree Absolute has been pronounced but there is no final Financial Order, you would also have to make a different type of claim.
Do you want to stop Decree Absolute?
Sometimes your spouse can try and delay the application for Decree Absolute in the hope of negotiating a better financial deal. The Court considers that there is a strong presumption in favour of making the Decree Absolute. The Court may override that presumption in special circumstances.
Our experienced Family Team can provide you with the answers to what are often difficult questions and will always discuss your options with you to help you move forward.
Come and see us and we can help set you on the right path.