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A Look at What Steps are Taken When a Spouse Dies During Divorce Proceedings

Divorce is already stressful as it is, and when more issues arise in the process of dealing with it, it can be more nerve-wracking than it should be.

Issues can arise from divorce proceedings and some of them are unexpected. One of them is when one of the spouses unpredictably dies while a divorce proceeding is ongoing. This is not an impossible occurrence but it doesn’t always happen in every proceeding.

There was one case when a woman was awarded a financial settlement and the ex-husband suddenly died just a few days before the date of the order for the settlement to be transferred. In this case, it can be handled in two ways depending on the situations above: a financial order was made or not.

What is a Financial Order?

A financial order is comprised of the court’s orders that are usually about the division of property. With this, it can also have orders with regard to paying a spouse or de facto partner maintenance. A financial order is usually made by a court with an agreement between two parties as their basis.

Financial Order Was Made

When there is a financial order, a spouse can have the grounds to sue as a financial order establishes a formal debt. Since ex-husband is dead, the obligation to pay off the debt is passed on to the people he has appointed as his executors.

Divorce Proceedings

It is the responsibility of the executors to identify the dead person’s assets and pay off his debts and distribute the remaining assets to the beneficiaries that are listed in his will. It will be the job of the executors to make it work in a sense that the debts of the ex-husband will then be paid off especially the financial settlement.

Financial Order Was Not Made

It is more complicated if divorce has not been issued and a financial order has not been made before the husband died. The woman will then be considered a widow. Since there is no financial order, no formal debt is established. Therefore, she cannot sue unlike the one above.

The woman can find out if she has been sufficiently given something in the will left by her husband, and the executors will then follow what is written in the document even if divorce proceedings were underway because divorce was not final anyway.

However, if the woman does not find the assets given to her from the husband’s will as sufficient, a claim with the figure she wishes to have can be made by the woman to the court. In this way, the court can look into the claim and decide how it’s going to happen.

Family Lawyers in Dubai

As mentioned above, there are a lot of things that can happen to make divorce an even more unbearable matter that they need to deal with. This is why family lawyers in Dubai are available for your needs to ensure that you take the right step and you are on the right path for your best interests. When badly required, you can find the best divorce lawyer Dubai for you to be sure that you are going to make the right decisions with regard to this kind of matter.

For consult with family lawyers visit HHS Lawyers & Legal Consultants

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