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Again, the surviving but, as an ex-spouse, their claim would be limited to maintenance only.This could make a significant difference if there are considerable matrimonial acquired assets in their former spouse's sole name.The second, following a short period of time, is the decree absolute. The decree absolute is the end of the marriage and gives the right to remarry.

It is quite common for the petitioner to delay the application for decree absolute until a financial agreement has been reached.

If, however, the deceased spouse did make a will which disinherited or made inadequate provision for the surviving spouse then they could find themselves in difficult financial circumstances and yet without the benefit of making a financial claim on divorce.

The surviving spouse could bring a claim against the deceased spouse’s estate under the but this is not ideal and could be challenged by other beneficiaries.

This prevents a spouse from dealing with the property, e.g.

by selling it or taking out a further charge against it, without notice being given to the other spouse.

There may be a temptation to make the application at the earliest opportunity.

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