Husband Seeks to Set Aside Property Division When Wife Dies Shortly After Divorce Is Finalized

UK Husband and Wife divorce after forty years of marriage.

Husband and Wife have one adult child, Son.

Couple are wealthy and own a hotel and some other commercial real estate.

Court awards Wife about 5 million pounds UK, to be paid out in installments, plus some property.

The court also orders Wife to exit the business, and Husband to hold Wife harmless from any liabilities arising during her time in the business.

Two months after their divorce is final, Wife, who is 70 years old, unexpectedly passes away.

Son is Wife’s sole heir.

A baby was severely injured in one of the couple’s properties several years ago.

After Wife’s death, the liability insurer denies coverage on a 3 million UK pound lawsuit claim.

In the midst of an appeal, Husband seeks to modify the property division between Husband and Wife in order to set aside the hold harmless and have Wife’s estate bear some of the now uncovered liability for the baby’s injuries.

The justification Husband offers is that he didn’t know the insurer would deny coverage.

Son opposes.

The court takes the matter under advisement and will issue its ruling at a later date.

Under Florida law, a property award is fairly difficult to set aside … unless there is nondisclosure or fraud or overreaching.

Read more in this [UK] Westmorland Gazette article: Father and son fight over £5m divorce payment after ex-wife’s death

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Things To Attend to After the Divorce is Over

Once the final judgment is entered, most exes just want to move on.

But first, you should take care of a few things likely to be forgotten if not attended to promptly. (Some of these may have been handled already, but it is worth double-checking.)

  • revoke any medical power of attorney, living will or health care surrogate designation of your ex

  • execute a new health care surrogate designation, living will or medical power of attorney naming someone else

  • revoke any will designating your ex as your personal representative / executor and/or beneficiary

  • execute a new will designating someone else as your personal representative / executor and substituting another beneficiary for your ex. Also, designate a guardian for your child(ren) in case your ex dies first or is unable or unwilling to serve

  • amend any trust designating your ex as a trustee and/or beneficiary

  • revoke any general power of attorney in favor of your ex

  • execute a new general power of attorney appointing another agent

  • change designated beneficiaries on non-probate property, such as life insurance policies, IRAs, 401(k)s, pensions, death benefits and annuities

  • change designated beneficiaries on non-probate property such as POD (payable on death) accounts and re-title joint accounts with your ex

  • update titles on real property and homeowners insurance policies, and borrower on note and mortgage (see settlement agreement and/or final judgment)

  • update titles on motor vehicles and related insurance

  • set up a trust / amend trust trustee designation for any assets your child will inherit in the event of your death so that your ex will not have control of the assets and

  • close any joint credit card or charge card accounts with your ex

Read more in this Green Bay Press-Gazette article: Estate planning after a divorce.

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Husband Threatens to Upload Intimate Videos of Wife to the Internet … Unless Wife Gives Up Court-Ordered Alimony

Kuwaiti Husband and Wife made sexually explicit videotapes of themselves.

Husband and Wife are now divorcing.

The divorce court awards Wife alimony.

Husband is not happy about having to pay Wife alimony.

Husband threatens to put videos of Wife on the internet … unless Wife agrees to let Husband off the hook for alimony.

Police are investigating.

Similar scenarios are playing out increasingly frequently in divorces.

Read more in this [Dubai] Gulf News article: Wife gets blackmailed over alimony in Kuwait.

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Stepparent Adoptions: May Same Sex Couples Use Them?

Stepparent adoptions are simplified, streamlined adoption procedures by which the new spouse of a biological parent may relatively easily adopt their new spouse’s child.

The plain language of stepparent adoption statutes contemplates a legal marriage between a child’s existing parent and their new spouse.

In Missouri, as in Florida, homosexual couples may not legally marry.

But may they adopt using stepparent adoption?

Well, in Missouri, two or more judges have permitted just that.

It’s not clear precisely how many judges, in which counties, are approving stepparent adoptions by gay couples.

But one Missouri judge called another Missouri judge a “knucklehead” for doing so.

While blanket prohibitions of adoption by homosexual couples are being struck down in some states, such as Florida and Arkansas, lately, that, in itself, does not legalize the use of stepparent adoptions by gay couples.

Read more in this St. Louis Today piece: POKIN AROUND: When it comes to same-sex adoption, ‘knucklehead’ in eye of the beholder .

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Florida Alleged Aggressor Who Is Charged with Two Violations of Domestic Violence Restraining Order of Protection Apparently Hangs Onto Law Enforcement Job, Despite Numerous Reported Citizen Complaints as Well as Internal Police Department Complaints against Him

Florida family court enters temporary domestic violence restraining order of protection against Aggressor.

In the few short weeks thereafter, before the court has a chance to rule on whether to extend the injunction for protection against domestic violence, Aggressor allegedly violates protective order … twice.

Aggressor reportedly drove through the alleged victim’s neighborhood one time. And confronted the victim the second time … right in the courthouse where Aggressor’s case is being heard.

Aggressor is a Florida police officer, serving on Jacksonville’s force for over fifteen years.

Despite numerous citizen complaints – and two internal police department complaints against him.

Aggressor had previously been threatened with termination for further misconduct.

But that threat was never carried out. It was followed by more ineffective disciplinary measures.

Aggressor is now confined without bail in connection with one of the two charges pending against him.

Aggressor reportedly remains on voluntary leave without pay from his apparently continuing employment as a Jacksonville police officer.

It is unknown whether conviction and prolonged incarceration would jeopardize Aggressor’s law enforcement employment.

Read more in this [Jacksonville] Florida Times-Union article: Jacksonville officer finds himself on other end of law in Clay.

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Predicting Divorce Probability By Profession

A study conducted by Virginia’s Radford University correlates divorce risk more highly with certain professions than the general population.

Specifically, the study reports that the occupations facing the greatest risk of divorce are:

  • performers
  • athletes
  • massage therapists
  • telemarketers
  • waiters
  • baggage porters and
  • roofers.

Who knew?

Somewhat less scholarly in approach, a poll of a so-called “infidelity” website’s seven million members suggests that the male professionals most likely to cheat on their spouses are:

  • physicians
  • police officers
  • lawyers
  • real estate agents and
  • engineers.

The poll also suggests that the occupations of women most likely to cheat on their spouses are:

  • teachers
  • stay-at-home moms
  • nurses
  • administrative assistants and
  • real estate agents.

Read more in this Toronto Sun article: Professional break-ups – Can some careers cause more divorce than others?.

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One Million Church of England Weddings Over The Last Three Decades Reportedly May Be Legally Invalid

A defect in the language used in certain Church of England wedding ceremonies over the last thirty years reportedly may invalidate some one million marriages due to a legal technicality.

It seems that the Church’s ceremonial language was updated.

However, the prior ceremonial language was mirrored in a British statute regulating procedures for valid marriages …

And the statutorily-mandated language was not amended to conform to the updated ceremonial language.

An attorney for the Church of England denied the invalidation of any marriages due to the technical defect in the updated church ceremony though, citing a “savings clause” in the statute applicable to marriages entered in “good faith” by the intended husband and wife.

But other Church attorneys, as well as secular divorce law attorneys and family law attorneys in the UK expressed doubts.

Perhaps the most interesting issue raised by this gaffe is:

can the ceremonial defect be raised as a defense in divorce cases, in an effort to avoid support obligations or property division under divorce law and child support law?

Whatever the interpretation of the existing British statute, a properly crafted future amendment to the statute may address the concerns.

Read more in this [UK] Daily Mail article: Revealed: A million marriages are ‘invalid’ because of Church of England blunder.

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Nonworking Custodial Father of One Seeks Child Support From Low-Earning Custodial Mother of Three at Urging of Government Paying Public Assistance to Father

Canadian Mother and Father have four children together.

Three of the children live with Mother and one with Father.

Mother has been on and off public assistance for years, but has been working of late.

And earning about $11 per hour.

With the three children to support.

Father, her ex, for reasons unstated, does not work.

Father, and their child who lives with him, are on public assistance.

And because Father receives public assistance, the government is requiring Father to seek child support from Mother or risk loss of his public assistance.

The court will rule on Father’s petition for support in a couple of months.

Meanwhile, the stress of the support case has overcome Mother, who is now on leave from her job.

The amount in dispute in Father’s case is approximately $60 per month.

There is no indication whether Father pays Mother any support for their three children who live with her.

It is common for US states to pursue child support from noncustodial parents as well when the custodial parent receives public assistance.

Read more in this [Montreal] CTV News article: Single mom facing child-support squeeze.

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Hindu Mother, Who Removed Children From Jurisdiction, Seeks Malaysian Constitutional Ruling on Husband’s Unilateral Conversion of Their Sons to Islam and Custody Ruling

Indian Husband and Wife marry in a Hindu wedding ceremony.

Husband and Wife have two Sons together.

Family lives in Malaysia.

Husband unilaterally converts to Islam during marriage.

Husband converts young Sons to Islam without Wife’s agreement – or knowledge.

Husband and Wife separate.

Wife takes Sons to live in Australia.

Wife brings a constitutional case over Husband’s secret conversion of Sons, seeking custody of them.

Malaysian Court enters temporary timesharing order requiring Wife to bring Sons to Malaysia so that Husband may exercise visitation with Sons.

Wife allegedly does not comply with temporary order.

Husband presses Wife’s contempt and objects to her case being heard because of it.

Malaysian Court holds that Wife has no right to put on her case, because she is in violation of the court’s order by withholding Husband’s access to Sons. Wife must return to Malaysia to earn the right to press her case … or her case will be dismissed.

Read more in
this MSN article: Shamala cannot be heard as she breached visitation rights and
this Malaysian Digest article: Federal Court Dismisses Shamala’s Referral Application.

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Mother Arrested in California for Interference with Custody in Alleged Abduction from Indiana of Her Five Year Old Son

Boy, five years old, lives in Indiana. He is not living with Mother.

Mother allegedly abducts Son and takes him to California.

After four months, Mother is arrested in California on charges of custodial interference.

Son is taken into child protective custody pending pickup by Son’s legal guardian.

US marshals played a key role in finding Mother and Son.

Read more in this San Jose Mercury News article: Woman arrested in Dublin in connection with child abduction

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