Divorce can feel like a death, but what happens if the person you are divorcing actually passes away?

It is often said that going through a divorce is similar to suffering a bereavement. However, what happens if the person you are divorcing actually dies midway through that process?

The case of Hasan v Ul Hasan (Deceased) Anor [2021] EWHC 1791 (Fam) involved a couple from Pakistan. After their separation in 2006, the Husband obtained a divorce in Pakistan in 2012. In the summer of 2017, the Wife brought a claim in England under Part III of the Matrimonial and Family Proceedings Act 1984 (the legislation that permits the Court in certain circumstances to make financial awards following an overseas divorce). The Wife claimed that significant wealth had been accumulated during the course of the marriage and over the following three and a half years litigation took place in the English Courts, focusing primarily on the Husband’s financial disclosure.

However, on 18 January 2021, the Husband (who was 81) died. The Wife (aged 74) argued that she should still be able to pursue her unadjudicated Part III claim notwithstanding the death of her ex-husband.

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