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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Help!!!!!!!!!!!! Can anyone counteract these?

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25 Sep 07 #3898 by Louise11
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25 Sep 07 #3900 by Fiona
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25 Sep 07 #3902 by Louise11
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25 Sep 07 #3911 by Fiona
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25 Sep 07 #3920 by Sera
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I'd 'googled' Miller vs Miller, (very heavilly reported case). Basically short term marriage, he multi-millionaire, she walked off with millions, (despite length of marriage). I think she had considerably increased his wealth (as I've done) in a short time.

He went all guns blazing into disputing it all. He failed to overturn the desicion, so he went crying to the press.

I think 'Google' reports were from the Jewish Cronicle, and maybe Sunday Times.

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25 Sep 07 #3922 by dun
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Pension Adjustment Orders
Your husband should check with the trustees of the pension scheme, (assuming this is a work pension scheme) I would think it is important if it is a defined contribution scheme or a defined benefit scheme. I was trying to 'google' pension adjustments on divorce but did not come up with a clear statment might be useful: - www.uknetguide.co.uk/Finance/Pensions/
3rd bite at the cherry - just does not bear thinking about !!!

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25 Sep 07 #3923 by dun
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Post Divorce pension sharing:
sharingpensions.co.uk/glossary24.htm#text6
Once the court has granted the Decree Absolute following the Decree Nisi, the partners marriage comes to an end. If a pension sharing order is made against the members pension rights and the former spouse receives the pension credit as an internal transfer or external transfer, a Clean Break is achieved with no further linking of financial matters with the former spouse. A clean break will also occur with offsetting.

A former spouse can then continue with post divorce contributions to their existing pension arrangements without further claim from the former spouse. In the case of a pension sharing order there will be no opportunity for a variation after the granting of the decree absolute. However, for an earmarking order on a pension arrangement such as an occupational pension scheme or a personal pension, any post divorce contributions will continue to add to the retirement benefits at retirement age.

This will result in more accrued benefits in a defined benefits scheme such as extra years in a final salary pension, or a larger pension fund value in a defined contribution scheme such as stakeholder pensions. As the post divorce contributions are also subject to an earmarking order, the scheme member may chose to stop payments to this scheme and start a new one that will not be subject to the earmarking penalty.

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