You and the Law – 9th June 2009

Keeping it in the family

My husband took over his father’s ailing business, and a few years later his brother put some money in with a view to his son taking over one day.

But the firm dwindled and the son got a good job and wasn’t interested in joining. My husband is now retired, but his brother’s widow is trying to claim money back from the business. Is she entitled to anything? There was nothing on paper, but my husband wants to do the right thing. TC

You don’t say what happened to the business when your husband retired. If it was sold, or if it closed down and the assets were sold off, the brother or his wife may have been entitled to a share of the proceeds.

However, it’s not clear whether the brother inherited the firm together with your husband, or what they agreed at the time. You should see a solicitor.

Lost maintenance

When I divorced 10 years ago, the terms of the consent order earmarked 15 per cent of the maximum lump sum of my ex-husband’s pension to me, with an additional portion as an annual payment.

I re-married last year, and the pension firm has now written to tell me that the annual payment would no longer be made because of the change in my marital status. Is this right? WE

It sounds as though the consent order came in two parts, one dealing with the division of your assets at the end of your marriage and the other providing you with maintenance. You lose your right to maintenance if you remarry, so it would appear that the pension firm has written to notify you of this.

Check this with your solicitor. These days the courts have the power to divide pensions. So if you were divorcing now you wouldn’t have to wait for your ex-husband to retire to receive your settlement.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Jill even understood the stress that the exchange of contracts generated and dealt with this professionally.
    Miss P Whittle - Oldham
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
    Next Reviews
Menu