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We were instructed to represent the wife in the proceedings. She had been divorced for 6 years but at the time of the divorce the wife had failed to understand the risk of finalising the divorce before financial matters had been resolved and that if her husband were to pass away, she would lose all the pension benefits which were substantial in this case.
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Matrimonial Matters
The Problem
The Solution
Several attempts were made to contact the husband to try and resolve financial matters however the husband refused to engage. Court proceedings were then issued.
The husband was not cooperative through the Court process and held the process up by not engaging. This resulted in us obtaining our costs from the husband on behalf of the wife.
The Outcome
When the Order was made by the Court, the wife received 50% of the pension and transfer of the family home from joint names into the wife’s sole name.
The husband had not resided at the family home for years and had already secured his own property elsewhere.
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Key Facts
FACT 1
Risk of Premature Finalisation:
The wife finalised her divorce six years prior without a financial settlement, unknowingly risking the loss of substantial widow’s pension benefits.
FACT 1
Cost Sanctions for Non-Cooperation:
Because the husband refused to engage and obstructed the legal process, the Court ordered him to pay the wife's legal costs.
FACT 1
Comprehensive Financial Recovery:
Despite the long delay, the wife successfully secured 50% of the pension and sole ownership of the family home
