Mother is going to leave a 40 year marriage with nothing

benjus

gingercordial wrote: »

It is perfectly possible to get divorced and not deal with the financial aspects. Indeed some couples don't do this bit (or don't do it properly) and then later on one of them becomes wealthy and the other can still file a claim.

It's also worth pointing out that if no financial settlement is reached at the time of the divorce, and one party goes on to re-marry, that party loses the right to apply for a financial order against their ex-spouse, but the ex-spouse still has the right to apply apply for a financial order against them.

Which is one reason why it's a very good idea to get the financial settlement done before Decree Absolute is obtained, with the order stating that it will apply from the date the Decree Absolute is pronounced.

missbiggles1

benjus wrote: »

You don't need a solicitor for divorce full stop. It's perfectly possible to go to a Financial Dispute Resolution hearing or even a full financial dispute trial as a litigant in person. It may not go well if you're up against a good experienced lawyer - but at the end of the day it's the judge's opinion that matters, and a judge may well make allowances for someone forced to self represent against an expensive lawyer. Since legal aid for private family law matters was abolished judges are getting increasingly accustomed to dealing with litigants in person.

Anyway we seem to be getting ahead of ourselves here as the husband appears to want to start proceedings abroad, and we have no idea how the law works there. If I were the OP I'd be advising my mother to insist on doing it through English courts, but she doesn't appear to want to fight for her rights.

I was replying to the poster who thought that both people in a marriage needed to agree to a divorce.:)

TBagpuss

benjus wrote: »

If she does decide just to sign the papers her husband has asked her to sign, and if those papers are from the foreign jurisdiction, she should at least figure out beforehand what impact that will have on her legal status here. Being legally divorced in one country but still legally married in your home country is not a situation I'd want to be in.

She wouldn't be. If the divorce is valid in the country in which it is granted it will be recognized in the UK, and the reverse is also generally true.

If you are talking about South Africa, (as opposed to other nations in Southern Africa) then what she would be entitled to will depend on where and when they got married.

An english solicitor will only be able to advise your mum about what she may be entitled to under english law, however, she may be able to find a lawyer in this country who has dual qualifications in the UK and South Africa, and who would be able to advise her about her options.

Running_Horse

Are you sure your anger is just about mum's finances, and not about your father getting on with a new life and family?