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Claiming state pension query


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Posted (edited)

My partner has just had his invitation to claim his state pension but according to the website you must upload a divorce certificate. My partner was divorced almost forty years ago, says he does not remember receiving a certificate and does not know any details such as which court it was or the case number. He was the respondent.

 

It says on the Gov website that you can apply to a central court to do a search but this costs £65 which will be a struggle to afford and I am worried that he does not even remember enough details to even carry out a search.

 

I have said to him that he should just phone them but I am really worried that he is not going to be able to receive his state pension due to not being able to get a divorce certificate.

 

In case it's relevant, me and my partner are not married and he has only been married that one time and he thinks the marriage lasted less than a year but definitely less than two years.

 

Please can someone advise me.

Edited by frances333
I forgot to add a detail.
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Yes it appears central Court application at £65 is required and there is no help with fees available. So perhaps he can ask family/friend to lend this and repay once pension is paid.

 

He should phone the Pension office and see whether they definitely need the divorce cert from 40 years ago.  It may be stated on the website, but is this specific to your partners individual claim ?

 

The other possibility is that the divorce did not go through and they just separated. So from your point of view, I think you might want to have the central check done, just to ensure there is no legal complication. E.g. the wife from 40 years ago could have legal claim on your partners estate after death.

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If what UB suggests doesn't help and I hope it does, does your partner remember anything about the marriage or where he was living at that time? He remembers the lady's name?

 

I was divorced a long time ago after a short marriage but I still remember which year I left and where I was living when I left, so I could narrow down where the court might have been.

 

HB

Illegitimi non carborundum

 

 

 

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Thank you for your replies. I'm assuming the divorce definitely went through as my partner said that he had to go to a local court, was asked a few questions and was then told to sign a document. I have never been married or divorced myself so I do not know if this is the normal procedure or not. The court building he attended is no longer there.

 

At the time he was living at the same address that we are living at now. He was living at this address before he married and has never moved.

 

The divorce certificate is not specific to his claim, it just says on the website that you need to upload it and when I researched this subject, it appears that state pension claimants must provide a certificate.

 

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So if you know which Court it was, then the Courts should be able to tell you where to obtain a copy of the certificate.   Still costs £45 as the case number is not known.

 

WWW.GOV.UK

How to order a copy of a decree absolute or a final order if you want to remarry or prove that you have divorced your former husband or wife or...

 

Yes the Son should next of kin, if the divorce definitely went through.

 

Get advice about how to protect your position. Which may to encourage your partner to have a will drawn up and for you to have a will drawn up.  

We could do with some help from you.

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Thank you but he does not remember the name of the court, only the street that it was on as it was local, but that court building is no longer there and has not been for many years. 

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The Courts have full records of which Court replaced the one that closed.

 

So, if you contacted the nearest Court and asked about records for Court in say  High Street, Town/City name and where the records for that Court have been moved to, they should be able to tell you.

 

And once you know which Court now has the records, then contact them.

 

We could do with some help from you.

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I didn't know that, I thought that if a court was "gone" that was it! We will do that and thank you so much for your help, I really appreciate it.

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2 hours ago, frances333 said:

He does not have a will but we have a son together who is an adult so I am assuming he would be next of kin.

 

Everyone should have a Will in my view, but in the meantime it's best not to make assumptions about who would inherit if someone dies without a Will (what the law calls "Intestacy").

 

Fortunately gov.uk has a useful 'Intestacy checker' which will tell you who inherits if you die without a Will

 

WWW.GOV.UK

Find out who is entitled to a share of someone’s property, possessions and money if they die without making a will

 

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Thank you for telling me about that Ethel Street. I must admit I have never really given things like that a thought and do not have one myself either but I do know you are right and I will have a look at that to make sure. Thanks again.

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  • 3 weeks later...

Just wanted to post an update. My partner telephoned the state pension service and the lady said that she would send him out a form to fill in and told him to write that his divorce was decades ago so he does not remember much and just to write whatever details he does remember. 

 

Hopefully that means it will be ok.

 

Thank you very much.

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