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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.
Mar 28, 2022 · The Divorce, Dissolution and Separation Act 2020 amends the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 to remove fault-based concepts in proceedings for divorce, dissolution and (judicial) separation.
unambiguously states that a financial claim made during marriage or following divorce, but unadjudicated, expires with the death of the respondent (as opposed to cases like Barder where the spouse dies after adjudication).
Jan 28, 2022 · This webinar covers the consequences of a party’s death on impending, ongoing or concluded divorce and financial proceedings. It includes a summary of the current case law, with an emphasis on the recent decision of the High Court in Hasan v Ul-Hasan (deceased) & Anor. [2021] EWHC 1791 (Fam).
- Where A Financial Order Has Already Been Made
- Where There Is No Financial Order
- Further Information
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
Apr 6, 2022 · Under the old rules in England and Wales, anyone who wanted to split swiftly had to accuse their partner in a divorce petition of desertion, adultery or unreasonable behaviour.
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Jan 6, 2022 · In doing so, she needed to defeat Thomas’ argument that full consideration was given when Sheila agreed to compromise her claims under the Matrimonial Causes Act 1973 on divorce and, specifically, her claim against the Deceased’s pension and her share of the Property.
