I own the family home (Mortgage in my sole name) and I moved out last year – my wife stayed in the house with our son (married for 8 years). She has established a matrimonial right. The decree absolutely has now passed. Can I cancel the house and sell the house? Can she apply for a work order? I`m not sure now of my rights – I offered her all the equity in the property if we sell – she certainly can`t afford the mortgage on her own. If your maintenance has not been increased for a long time, then it may be possible for you to go back to court. In many cases, your former spouse`s income may have changed significantly since the initial financial account. When the court considers the amendment, it has an obligation to ascertain whether a clean break should be imposed and, in many cases, maintenance is activated, i.e. a lump sum is paid and maintenance is completed. The strong and clear advice is that, if there are financial issues that need to be resolved, you should delay obtaining an Absolute Decree, even if you are in the middle of proceedings.
The aim is to guarantee the protection of your spouses` rights, since an Absolute Divorce Decree dissolves the marriage and you are no longer a “spouse”. Thank you for your comment. As stated on the blog, financial claims between you and your wife will remain open even after the divorce, unless you have taken steps to obtain a legally binding order from the court that concludes the claims you have on each other. If you and your wife agree with the terms of the order, this may be included in an approval order that must be approved by the court. Once approved and “sealed,” it will become legally binding. If a decision of approval is sought, all future claims may be dismissed against each other. If not, you or your wife may sue the other in the future. It is customary to wait until the consent order is sealed before applying for the decree, because if your wife were to die before, you might be married in a better position than if you were divorced. Because if your wife has made a will, you would automatically inherit part of her estate.
There may also be pension rights that would be absolutely lost when the decree was enacted. If we can help you with a consent order, please contact us and we will be happy to help. In financial and children`s proceedings, the usual rule is that each party bears its own legal costs. My wife wrote on the form that she had asked for part of my pension. I agree — let`s say up to 50%. Thank you for your email. You are in an unusual position, but if no absolute decree has been requested, then you are still married. If you would like to discuss this further, please contact me and I would be happy to help.