worlybear Posted May 23, 2011 Posted May 23, 2011 Divorce has stalled at decree nisi stage and after a very long year I have found that I am not eligible for legal aid. Applied 3 times(paperwork returned despite solicitor having "checked it.") My teaching contract finishes in July and I could then re-apply but I am hoping to get employment in September. If I don't complete the divorce (which is going to cost approx £3-£5,000) will I still be able to claim on my husband's pension? I still need to raise our 9 yr old daughter. I really resent having to find the money for the divorce when its my husband who cheated and left. My solicitor has been useless. Anyone know?
jaymz Posted May 23, 2011 Posted May 23, 2011 Get a better solicitor. You may be able to come to an arrangement where they take their fee from the settlement. There are other things I could say but you really need to get proper legal advise to ensure your properly protected.
LifesontheUp Posted May 23, 2011 Posted May 23, 2011 Hi Worly, Sounds like your solicitor hasn't explained things well or done a good job? There should be a clause in the divorce petition which stops you or him claiming anything from each other in the future which includes pensions. Have you asked your solicitor or got a copy of the divorce petition? I think the clause comes under the Matrimonal Causes Act and the sub section relating to pensions. Usually the fees are taken out of the settlement monies. Hugs Worly, its a mine field and you need your solicitor to be on the ball.
Author worlybear Posted May 24, 2011 Author Posted May 24, 2011 Thanks you two. Have emailed solicitor to ask why we need to fill in yet more paperwork (especially as there are huge gaps in his financial disclosure which was never followed up satisfactorily last year.) If I end up having to pay this SOAB to protect my daughter's and my financial interests through a court case, I would like to know that I am not having to re-invent the wheel and that the financial pain will hit him as well! Don't want him back- just want him to acknowledge that my having and raising 5 children in our family home AND working regularly part-time for our family does leave him with some legal and financial obligations. Forget honourable. It's not part of his vocabulary. Watch this space...........
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