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If someone nominates their spouse and then gets divorced and forgets to change the documents, the pension trustees may be obliged to pay out. Many financial orders include a pension sharing order, and an ex-spouse is entitled to request that the pension order be implemented if their ex dies.
Aug 24, 2016 · However, in the event of one spouse dying during or shortly after divorce proceedings it can bring an added element of complication. Although this is thankfully a very rare occurrence, there are options to consider depending on the stage divorce proceedings have reached.
- Alexandra Bishop
When calculating divorce settlements, the Court will follow the guidelines set out in section 25 Matrimonial Causes Act 1973. All the factors set out in this section are discretionary and the Court must consider all the circumstances relating to the case when making an order.
The Court will take into account what you might reasonably be expected to have received if your marriage had been terminated by divorce, rather than death.
Sep 18, 2023 · Decisions about financial settlement and how the court deals with non-matrimonial assets are often very fact-specific. Unlike in other jurisdictions, inherited assets are not automatically excluded from the matrimonial pot and, therefore, may be included in the divorce settlement.
Death of a former spouse does not automatically invalidate the original financial remedy order. The person seeking to set aside the order will have to show that there has been a Barder event – a supervening event that invalidates the fundamental assumption on which the order was made.
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