my boyfriend was married to his ex for 7months then they split up, does she have any rights to his forces pension..? also can you apply for a divource straight away or do you have to wait a year from the marriage date as he was told at the time..?
2006-10-11 09:24:44 · 11 answers · asked by meow22 4 in Family & Relationships ➔ Marriage & Divorce
its in the uk, i thought you could only get an annulment very shortly after the wedding, what reasons can you give for an annulment..???
thanks!
2006-10-11 09:32:02 · update #1
Most states will allow access to the assets which were acquired during the union. In other words, if his pension is 10 K over the course of 10 years. He has only been married for 1 year. She would be entitled to her portion of the 1 years worth of contributions.
2006-10-11 09:27:55 · answer #1 · answered by ishootpix 3 · 0⤊ 0⤋
OK - in the UK you have to be married for a year before you can apply for a divorce. A diverce an then be granted more quickly if there is a reason - adultery or violence are the most common. Otherwise couple wait two years fro the 'no blame' type diverce.
For a long time (early eighties) ex wives have had no right to a claim on a husband's pension.
As a divorcee I would say that it really is better to wait. You don't want to rush into marriage with this guy again. So wait the two years. Get them to sort out the finances between them. Then it is just a matter or going to the county court and filling in a form - paying the court costs and voila. If no children are involved it can be very easy. Me and my ex did it all ourselves and for very little cost.
I got a book that helped me understand all the legalitiies - it was called something like 'Divorce:The things you thought you'd never need to know' = I know it is still in print cos the author was interviewed recently on Radio 4.
2006-10-11 09:54:55 · answer #2 · answered by Leapling 4 · 0⤊ 0⤋
Yes in England and Wales you cannot begin divorce proceedings until you've been married a year. Nullity proceedings can begin years later, IF the grounds are non-consummation or mental illness (that was deliberately concealed to avoid the other party calling the marriage off). Otherwise there is a time limit of about 3 years. Grounds for nullity can include: the husband didn't know that the wife was pregnant with another man's child at the time of the marriage, one was tricked or forced into the marriage, e.g. as in "arranged" marriages - it has been known for the bride to promptly go and ask for help from the authorities on arriving in the UK and made to marry her "husband".
In the case of your boyfriend, as their marriage was so short, I would think the court would just want to return them both to the position they were in before the marriage. Your boyfriend should consult a lawyer for reliable advice.
2006-10-11 10:17:16 · answer #3 · answered by Specsy 4 · 0⤊ 0⤋
I would 'guess' that she doesn't get a very big percentage (if any) for 1 year of marriage. However ... get a quote for an hours time from a solicitor, write down your questions/ fears and fire them off. Trust me it will be the best ever £150 you ever spent if it puts your mind at rest.
2006-10-11 09:55:06 · answer #4 · answered by madbrew2000 2 · 0⤊ 0⤋
usually divorces take about 90 days to resolve once filed , can be filed at any time and yes she is entitled to 7 months of his pension WHEN he leaves the force unless he gives her a payout of said pension--
2006-10-11 09:29:45 · answer #5 · answered by Ladder Captain-29 5 · 0⤊ 0⤋
I really wouldn't have thought she would be entitled to anything,I was married and had children from previous relationship and when we divorced after 9 years i wasn't entitled to anything.You can apply for divorce straight away.
2006-10-12 00:20:49 · answer #6 · answered by candyfloss 5 · 0⤊ 0⤋
he can get divorced after one years marriage... and as for the pension, she cannot touch it, i have been married for 9.5 years to a british forces bloke and if we got divorced now, i wouldnt get a penny, his children would i wouldnt, I am pretty sure it is 10 years of marriage for the spouse to be entitled to any of his pension
2006-10-11 10:17:57 · answer #7 · answered by COLEEN J 2 · 0⤊ 0⤋
they can get an annulment and she should have any rights they don't have to wait no year for a divorce!
2006-10-11 09:29:32 · answer #8 · answered by Lauren D 4 · 0⤊ 0⤋
It is going to depend on the state you are living in. No one here can tell you yes or no. These laws vary by state.
2006-10-11 09:27:57 · answer #9 · answered by BlueSea 7 · 0⤊ 0⤋
yes, i think that ***** will get something. if they have personl things when they got married
2006-10-11 10:39:42 · answer #10 · answered by fly 1 · 0⤊ 0⤋