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How do I prove I was not divorced.
My husband passed away with cancer 20 years ago and I will be entitled to a widows pension from his scheme from September. He would have been 60.
A letter was issued to me at the time saying the trustees will contact me late in 2011 and no letter came so I have chased them.
An answer has come back stating according to the information they have we were divorced so no pension is payable.
I have sent a copy of our marriage certificate and one of my husband's death certificates which states I was his wife at the time of death.
The trustees have now stated this evidence is not satisfactory to them and they require more solid evidence. They said the only information on the death certificate is the information I gave to the registry as I was the person who reported the death. I do remember a sign in the office where I reported the death saying it was an offence to give false information when obtaining a death certificate.
Are divorce records kept anywhere from 20 years ago so I can get confirmation we were not divorced.
Sharon
A letter was issued to me at the time saying the trustees will contact me late in 2011 and no letter came so I have chased them.
An answer has come back stating according to the information they have we were divorced so no pension is payable.
I have sent a copy of our marriage certificate and one of my husband's death certificates which states I was his wife at the time of death.
The trustees have now stated this evidence is not satisfactory to them and they require more solid evidence. They said the only information on the death certificate is the information I gave to the registry as I was the person who reported the death. I do remember a sign in the office where I reported the death saying it was an offence to give false information when obtaining a death certificate.
Are divorce records kept anywhere from 20 years ago so I can get confirmation we were not divorced.
Sharon
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The divorce records would be kept at the court where the decrees nisi and absolute were issued (I know this because I needed a copy of my decree absolute a few years back). However, I don't know how you can prove you WEREN'T divorced - you could go to any court in the country to start proceedings, you'd have to ask them all to search their records and come up with a nil result.
Why do they think you were divorced? I think under these circumstances you are entitled to ask them what information they are holding, which leaves them to believe that a divorce took place. It's your information - you need to know what it is.
Do you think they might be mixing your husband up with someone else of the same name, who is also in this pension scheme?
Why do they think you were divorced? I think under these circumstances you are entitled to ask them what information they are holding, which leaves them to believe that a divorce took place. It's your information - you need to know what it is.
Do you think they might be mixing your husband up with someone else of the same name, who is also in this pension scheme?
Proving a negative is almost impossible to do!
If you have children who could make an affidavit, that would help. Did your husband leave a Will or did he die intestate? The only reason I ask is that a divorced spouse has no entitlement under a Will or intestacy. Was there a Grant of Probate? Did solicitors deal with it? If you inherited under his Will/intestacy, you could exhibit documents from when his estate was dealt with.
You could also do a Data Protection request to the trustees asking for copies of all information they hold on you.
If you have children who could make an affidavit, that would help. Did your husband leave a Will or did he die intestate? The only reason I ask is that a divorced spouse has no entitlement under a Will or intestacy. Was there a Grant of Probate? Did solicitors deal with it? If you inherited under his Will/intestacy, you could exhibit documents from when his estate was dealt with.
You could also do a Data Protection request to the trustees asking for copies of all information they hold on you.
Hi Boxtops
The only answer they will give me is their computer records say we were divorced and they have said the information was input and checked.
I have asked them to produce the written information they have stating we were divorced but all they will say is it must be correct as the information was input and checked.
They have said they do not know where the paper records are from that time.
Unfortunately they said this was done in 1993 and the inputter and checker are now deceased.
Sharon
The only answer they will give me is their computer records say we were divorced and they have said the information was input and checked.
I have asked them to produce the written information they have stating we were divorced but all they will say is it must be correct as the information was input and checked.
They have said they do not know where the paper records are from that time.
Unfortunately they said this was done in 1993 and the inputter and checker are now deceased.
Sharon
There is a website that offers a search of all court records for either a certificate that exists or proof that no divorce took place. It isn't cheap though.
http://www.ukofficial...es/decreeabsolute.asp
http://www.ukofficial...es/decreeabsolute.asp
Hi Boxtops.
I just happen to remember the sign in the office.
The query I had at the time was my husbands birth certificate said he was born in Marsdon Green Maternity Hospital, Birmingham and Marsdon Green is in Solihull.
The officer recorded his place of birth as being Solihull. I asked if I would have comitted an offence if Solihull was not right and she said no.
Sharon
I just happen to remember the sign in the office.
The query I had at the time was my husbands birth certificate said he was born in Marsdon Green Maternity Hospital, Birmingham and Marsdon Green is in Solihull.
The officer recorded his place of birth as being Solihull. I asked if I would have comitted an offence if Solihull was not right and she said no.
Sharon
Have you got a copy of the probate document?.
If not you could go to the probate office and ask for a copy. I understand these documents are kept for many years.
A copy of the will should be attached stating you were his wife.
I think however it is a case of contacting a more senior person as Maidup said and then a solicitor if you can not get a copy of the probate or they will not accept it.
With regard to the hospital your Husband was born in I think you mean Marston Green Hospital.
I know 3 people who were born in this hospital. One of the birth certificates says Birmingham, another says Meriden and another says Solihull.
Somebody has also advised me it became East Birmingham Hospital before being demolished and has also said it may have also been Heartlands Hospital for the last 1 or 2 years.
I am sure many people who are no longer in the area will not be aware of this and their birth place will vary according to their date of birth.
Martin
If not you could go to the probate office and ask for a copy. I understand these documents are kept for many years.
A copy of the will should be attached stating you were his wife.
I think however it is a case of contacting a more senior person as Maidup said and then a solicitor if you can not get a copy of the probate or they will not accept it.
With regard to the hospital your Husband was born in I think you mean Marston Green Hospital.
I know 3 people who were born in this hospital. One of the birth certificates says Birmingham, another says Meriden and another says Solihull.
Somebody has also advised me it became East Birmingham Hospital before being demolished and has also said it may have also been Heartlands Hospital for the last 1 or 2 years.
I am sure many people who are no longer in the area will not be aware of this and their birth place will vary according to their date of birth.
Martin
Hi Ellipsis
I produced the letter saying the trustees would contact me at the end of 2011 and they said the letter was dated before the information about the non existant divorce was input so it was not acceptable proof.
Hi Martin
I have got the probate documents out and they do state I was his wife at the time of death and I was the main beneficiary under his will.
I can remember going to a solicitor I think it was to swear the will was correct.
I am now hoping things will get sorted out.
At the time of my husband's death I was offered a lump sum of about £40,000 instead of the pension.
I took the option of the pension.
I now hope I did the right thing.
Sharon
I produced the letter saying the trustees would contact me at the end of 2011 and they said the letter was dated before the information about the non existant divorce was input so it was not acceptable proof.
Hi Martin
I have got the probate documents out and they do state I was his wife at the time of death and I was the main beneficiary under his will.
I can remember going to a solicitor I think it was to swear the will was correct.
I am now hoping things will get sorted out.
At the time of my husband's death I was offered a lump sum of about £40,000 instead of the pension.
I took the option of the pension.
I now hope I did the right thing.
Sharon
Good luck, oakley52. You seem to have a good case for going back to the trustees.
The only bit I don't understand is the bit about "At the time of my husband's death I was offered a lump sum of about £40,000 instead of the pension.", as I'm not aware that this facility is available. Was a 'death in service' payment made at the time?
The only bit I don't understand is the bit about "At the time of my husband's death I was offered a lump sum of about £40,000 instead of the pension.", as I'm not aware that this facility is available. Was a 'death in service' payment made at the time?
Hang on a minute, on the one hand they are saying that the divorce info was input in 1993 and the person who did it is dead, and now theyre saying that they sent you that letter before the divorce info was input.
I would write a very strong letter t them, sent via recorded delivery and also send one to your solicitors so they can see cc- solicitors company on the letter, saying that it is virtually impossible to prove a negative, but that you are happy to make an affadavit to the effect that you were legally married etc and that they have 14 day to respond apprpriately or you will turn it over to your solicitor and their costs will naturally be added to any claim you make against them.
I would write a very strong letter t them, sent via recorded delivery and also send one to your solicitors so they can see cc- solicitors company on the letter, saying that it is virtually impossible to prove a negative, but that you are happy to make an affadavit to the effect that you were legally married etc and that they have 14 day to respond apprpriately or you will turn it over to your solicitor and their costs will naturally be added to any claim you make against them.
Hi Nox / Sharon
I might have an explanation for the pension notes being input in 1993.
I worked in a pensions department arouind that time and records were generally kept on paper until the early 90's.
For over 3 years we were running computer and paper records side by side so probably your husbands records were caught up in this period.
In some cases the records of people in their 90's were not put on computer as they did not think these people had long to live but I remember 1 pensioner lived until he was 105.
To add to complications we had 23 different schemes due to mergers etc.
I can understand errors were made and we contacted pensioners about a year before the pensions were payable to sort things out by the payment date.
We did not have problems with most of the pensions but mainly problems happened where was an abnomily eg widows and when people transferred in pension rights and your pension falls into that catagory.
We did listen to the pensioners and worked with them to get the situation put right.
I can only remember 1 case where we got it correct the first time in these cases and in most cases the pensioners were mainly if not completely correct.
Martin
I might have an explanation for the pension notes being input in 1993.
I worked in a pensions department arouind that time and records were generally kept on paper until the early 90's.
For over 3 years we were running computer and paper records side by side so probably your husbands records were caught up in this period.
In some cases the records of people in their 90's were not put on computer as they did not think these people had long to live but I remember 1 pensioner lived until he was 105.
To add to complications we had 23 different schemes due to mergers etc.
I can understand errors were made and we contacted pensioners about a year before the pensions were payable to sort things out by the payment date.
We did not have problems with most of the pensions but mainly problems happened where was an abnomily eg widows and when people transferred in pension rights and your pension falls into that catagory.
We did listen to the pensioners and worked with them to get the situation put right.
I can only remember 1 case where we got it correct the first time in these cases and in most cases the pensioners were mainly if not completely correct.
Martin
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