Capital and divorce

client has recently sold his home but there is a dispute with his ex wife over how much of the proceeds they should receive each.  Until this is resolved the money is being held by a solicitor so he cant actually access it.  The amount he believes is due to him is £17,000.00.  He has been turned down for Jobseekers Allowance because of the money.  Should it be taken into account as an Capital if he is unable to access it?

No.

Well maybe not.

If they’re definitely ex and all matter resolved its his.

If the marriage is dissolved but not the finances then under the Matrimonial Causes Act 1973 the money is not his until an order has been made under the act. Presumably this is why its resting in the solicitors account.

If there has been an order then its a matter, I suppose, of whether he complied with the terms of the order.

Oh and you’re not really divorced until the money aspect has been sorted out.

Which the Legal Aid reforms will make worse I should imagine.