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If an Order has been made, as in Ms Estrada’s case, this establishes a formal debt which can be sued upon. Dr Juffali had an unfulfilled financial obligation which, on his death became the responsibility of his executors. The role of an executor is to identify the assets and liabilities of the deceased’s estate, collect in his assets, pay any debts...
If a party dies after divorce proceedings have been issued but before the Court has granted a financial Order, matters are slightly more complex. A recent example is the case of Mr and Mrs Vindis, which was reported in the press earlier this year. The couple had been separated for two years when Mr Vindis passed away. Whilst divorce proceedings wer...
Should you have any questions about the issues raised in this blog, including bringing a 1975 Act claim, please see our Frequently Asked Questions and case studies, or contact a member of our family or private clientteams.
- Alexandra Bishop
Regardless of the reasons for divorce, the death of your ex can still be incredibly upsetting and lead to greater uncertainty and complexity. This guide aims to answer any questions you may have if your spouse or ex-spouse dies during or after the divorce has taken place.
Jan 6, 2022 · Are divorce settlements still binding after death? This article looks at a recent inheritance dispute case where divorce was involved.
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.
You need to wait 20 weeks after your divorce application has been issued by the court. After this time you and your husband or wife can continue with the divorce by applying for a conditional...
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Apr 17, 2024 · Updated 17 April 2024. Applies to England and Wales. The Divorce and Financial remedy online service allows members of the public and legal professionals to make an application to legally end a...
