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No Decree Absolute (WAS: No decree nisi)

including wills and probate
NomoneyNohoney
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No Decree Absolute (WAS: No decree nisi)

#343068

Postby NomoneyNohoney » September 26th, 2020, 6:30 pm

Chatting with two friends last night, who have cohabited for 20 or 30 years, turns out the man's divorce never had a decree nisi. He and his wife were in the process of divorcing but didn't finish it off, basically.

Would his - ex?- wife still have any claim on his estate?

Moderator Message:
Edited topic title for clarity (chas49)

GrahamPlatt
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Re: No Decree Absolute (WAS: No decree nisi)

#343070

Postby GrahamPlatt » September 26th, 2020, 6:41 pm

And conversely, he on hers?

swill453
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Re: No Decree Absolute (WAS: No decree nisi)

#343074

Postby swill453 » September 26th, 2020, 6:51 pm

NomoneyNohoney wrote:Chatting with two friends last night, who have cohabited for 20 or 30 years, turns out the man's divorce never had a decree nisi. He and his wife were in the process of divorcing but didn't finish it off, basically.

Would his - ex?- wife still have any claim on his estate?

Decree nisi is the provisional one, decree absolute is the final one.

Scott.

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Re: No Decree Absolute (WAS: No decree nisi)

#343075

Postby NomoneyNohoney » September 26th, 2020, 7:02 pm

My bad - it's the decree absolute that I meant, that's not been issued. Thanks Scott...

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Re: No Decree Absolute (WAS: No decree nisi)

#343076

Postby Mike88 » September 26th, 2020, 7:28 pm

If there is no decree absolute doesn't that mean they are still married technically? If they are still married won't finalising the divorce raise the problem of spousal support?

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Re: No Decree Absolute (WAS: No decree nisi)

#343121

Postby NomoneyNohoney » September 27th, 2020, 3:29 am

This is why I'm asking. The marriage was over many years ago, his assets are minimal, but if inaction means they would still go to his wife, then I would counsel him to finish the divorce properly, otherwise the lady he has lived with for 30 years will get a double shock when he dies. Hence my interest in his marital status.

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Re: No Decree Absolute (WAS: No decree nisi)

#343122

Postby swill453 » September 27th, 2020, 6:23 am

NomoneyNohoney wrote:This is why I'm asking. The marriage was over many years ago, his assets are minimal, but if inaction means they would still go to his wife, then I would counsel him to finish the divorce properly, otherwise the lady he has lived with for 30 years will get a double shock when he dies. Hence my interest in his marital status.

I take it that he has at least written a will leaving his estate to his partner (otherwise she'd probably get nothing whatever the status of his marriage).

Did he get a solicitor to do it? Was he frank with the solicitor about the divorce?

In England and Wales it is normally possible to disinherit a spouse. She could make a claim though, even if it was unlikely to succeed.

Scott.

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Re: No Decree Absolute (WAS: No decree nisi)

#343143

Postby Mike4 » September 27th, 2020, 10:18 am

NomoneyNohoney wrote:This is why I'm asking. The marriage was over many years ago, his assets are minimal, but if inaction means they would still go to his wife, then I would counsel him to finish the divorce properly, otherwise the lady he has lived with for 30 years will get a double shock when he dies. Hence my interest in his marital status.


Like Scott I would imagine this would only be the case if he dies intestate. If he has a valid will, then that takes priority.

Boiler technicians are not generally noted for accurate legal advice though...

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Re: No Decree Absolute (WAS: No decree nisi)

#343216

Postby bluedonkey » September 27th, 2020, 4:29 pm

Found this:

"The decree nisi is a provisional decree of divorce pronounced when the court is satisfied that a person has met the legal and procedural requirements to obtain a divorce. Following the pronouncement of decree nisi, the marriage still exists and you are not yet ‘divorced’. The person seeking the divorce must then wait at least six weeks and one day after the pronouncement of the decree nisi before making their application for the decree absolute."

Which party applied for the divorce?

chas49
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Re: No Decree Absolute (WAS: No decree nisi)

#343433

Postby chas49 » September 28th, 2020, 12:13 pm

Moderator Message:
Edited topic title for clarity (chas49)

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Re: No Decree Absolute (WAS: No decree nisi)

#343979

Postby Clitheroekid » September 30th, 2020, 3:09 pm

NomoneyNohoney wrote:Chatting with two friends last night, who have cohabited for 20 or 30 years, turns out the man's divorce never had a decree nisi. He and his wife were in the process of divorcing but didn't finish it off, basically.

Would his - ex?- wife still have any claim on his estate?

If the decree absolute was never issued then he is still married. If he were to die intestate, with only a small estate, his assets would automatically pass to his wife.

His partner could make a claim against the estate, and would probably succeed, but if his assets are indeed only `minimal' then the cost of the claim would be disproportionate.

He could apply for the DA now, though he would have to offer an explanation as to why it had been left so long. He may well find that the court no longer has any paperwork, so that they would need to try to reconstruct the file. All in all it could be quite complicated to sort out.

On the basis that he does have very few assets he might simply choose not to bother, instead making a Will leaving everything to his partner. Although his wife could technically make a claim against his estate I would think it extremely unlikely that she would. If she were to take legal advice I can't see any lawyer advising it would be worth pursuing.

One thing he should bear in mind is that although he may have few assets now he may have life insurance payable to his estate, which might strengthen the argument for getting the DA. He should therefore ensure that any life policies are put in trust for his partner and/or children. Also, if he's still working he may have death in service benefits which, though not part of his estate, may nevertheless be paid to his wife if he does nothing about it.

Mike88
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Re: No Decree Absolute (WAS: No decree nisi)

#344006

Postby Mike88 » September 30th, 2020, 4:57 pm

I've heard people say they have few assets but they have a house, car and a few other things that must be worth something. It is unlikely anyone in work and of a reasonable age has no assets.

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Re: No Decree Absolute (WAS: No decree nisi)

#344021

Postby Avantegarde » September 30th, 2020, 5:49 pm

Clitheroekid wrote:
NomoneyNohoney wrote:Chatting with two friends last night, who have cohabited for 20 or 30 years, turns out the man's divorce never had a decree nisi. He and his wife were in the process of divorcing but didn't finish it off, basically.

Would his - ex?- wife still have any claim on his estate?

If the decree absolute was never issued then he is still married. If he were to die intestate, with only a small estate, his assets would automatically pass to his wife.

His partner could make a claim against the estate, and would probably succeed, but if his assets are indeed only `minimal' then the cost of the claim would be disproportionate.

He could apply for the DA now, though he would have to offer an explanation as to why it had been left so long. He may well find that the court no longer has any paperwork, so that they would need to try to reconstruct the file. All in all it could be quite complicated to sort out.

On the basis that he does have very few assets he might simply choose not to bother, instead making a Will leaving everything to his partner. Although his wife could technically make a claim against his estate I would think it extremely unlikely that she would. If she were to take legal advice I can't see any lawyer advising it would be worth pursuing.

One thing he should bear in mind is that although he may have few assets now he may have life insurance payable to his estate, which might strengthen the argument for getting the DA. He should therefore ensure that any life policies are put in trust for his partner and/or children. Also, if he's still working he may have death in service benefits which, though not part of his estate, may nevertheless be paid to his wife if he does nothing about it.


If the OP is a member of a pension scheme, it may offer not just death-in-service benefits (for dying while he is still working), but also a spouse's/partner's pension after death in retirement. This will probably be very valuable. He may be able to redirect such a pension to his partner and away from his supposed ex-wife.

NomoneyNohoney
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Re: No Decree Absolute (WAS: No decree nisi)

#344102

Postby NomoneyNohoney » September 30th, 2020, 11:59 pm

Thanks for the info all - I shall pass it on and let them decide what action to take. At least they know the consequences now!


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