Divorce after separating for several years?

summerday

If anyone's advice has changed since my last 2 posts at the end of this thread I would be so grateful to hear it, I so want to do the best to help my mum but not sure whether that means helping her sort a divorce or not saying anything and her just staying separated. Any help is much appreciated!
Sarah

CIS

On the pension side,upon divorce,

Your mum will be able to claim to a state pension increase to take her Basic State Pension up to a maximum of 100% (substitution).

If he has had a good working record (most likely as a doctor), its almost certain that the substitution will give 100% pension to your mum. They'll use his record from his 16th birthday up until the end of the marriage, as this will give the best record and then her record after the divorce.

If she remains married, then when she gets to pension age, then once he also has reached pension age, she can have her basic pension topped up to 60% of the value of his pension (max £49.20).

There is also a scheme where she can claim part of his Additional State Pension to be added to her pension. The scheme, Pension Sharing on Divorce (PSOD), is administered by State Pension Forecasting (Tel 0845 3000 168) using form BR20.

There is also a scheme for splitting Occupational Scehemes on divorce, this is calculated by HMRC.

summerday

Many thanks CIS! Do you or anyone else know how likely he would be to have a claim on her house given my outline in my second post on here?

Bossyboots

Sorry saraht, I was trying to re-digest the info here and what with one thing and another I didn't post anything.

From your first post, I work out that they were married four/five years. That is a relatively short marriage but would be a bit longer than one where you would expect to be put back in the position you were in before the marriage. Was the rent from the house she let out put back into the new household for bills or treats or anything else? If it was, then I think she would have a good case to argue that as he had shared the benefit of the rent, he shouldn't have anything else. I suspect though that he would try to get a share of the house. People he knows are bound to tell him he has a right to a share and that will undoubtedly be enough to make him attempt it. Whether he would able to get a share would depend on all the finances from the start of the marriage until when they split up. I would think it unlikely he would be awarded a share of the house from what you have said but again, all the facts and figures need to be put together to make sure. He would only be entitled to a share of any increase in value during the period they were married and as your mum paid off the joint debts these would certainly have to be offset against any entitlement he might have. All this info is cobbled together from could happen at any given time and it is hard to say something will or won't definitely happen when you don't have all the information that would be needed. I would be very surprised though if he was awarded a financial settlement. It would seem sensible for them to end the marriage and just get on with their lives as they stand now.

He will not automatically get the house if your mum dies first and they are not divorced but it is vital that she gets her will reviewed to ensure that he will not inherit by default. His only option then would be a claim under the Inheritance Act but after being separated for so long, I can't see that that would successful.

If you mum does not know where he is then she has a problem because she will have to serve the court papers on him. If she has an address where it is reasonable to expect him to receive the papers then she can use that but she will probably have to go through the long process of attempting to have the papers served before she can file an affidavit stating that all avenues to find him and serve the papers have been exhausted.

In summary, I don't think she has to worry about her house based on the information you have given, but don't be surprised that if she rattles his cage he then makes an attempt on the property. This is why advice from a solicitor should be sought as it may be that getting divorced is not in her best interests.

Is there no way she can find out if he is still alive and if so, where he is living?

summerday

Oh many thanks Bossyboots!

Yes, the money Mum got from the rental of her house while they were married went towards their bills at the new house, and general living costs- the rent on the house they got together was very high and so were the bills so it was all needed.

We all got our wills sorted a year and a bit ago (me, Mum and my partner, as me and partner had just bought first house together), Mum wanted to get hers written to hepefully prevent her husband having any claim on the house should she die first, and she made her wishes and the situation quite clear to the solicitor, so I just hope that the will has power over any entitlement he might have due to being married to her.

We could probably search for him and his daughters etc in the phone book, but otherwise I really am not sure where he may be. Putting all the pieces of advice together, I think I am swaying towards not taking any action, as it seems there's not much to gain, unless of course Mum wanted to get married again. It must sound like I'm a control freak over Mum's stuff and I admit that I do look after all her finances etc as she really can't bear personal finance and is quite easily upset and stressed, so I haven't brought this up lately and only will if it looks best to go for a divorce. Again it sounds wicked but as he is likely to die first it may be easier to leave it and not rattle his cage to make him think about making a claim on her house. Unless of course he wanted to remarry and so contacted her for a divorce!

Aargh what would you do if it was you Bossyboots? I suppose seeing a solicitor is the best thing, have you any idea how long a consultation for this would take and the likely cost?

I so much appreciate your help, I feel quite alone in dealing with this as I don't want to upset Mum by mentioning it if it's not necessary.

Thanks, Sarah