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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.


pension

  • fedup70
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16 May 12 #331029 by fedup70
Topic started by fedup70
going through divorce after 3 years separation, stbx took early retirement 4 years ago, he had lump sum of £30,000 straight into his account, Now he decided to return to work and still gets monthly income from pension, through divorce there are no finances to sort and i still live in fh (private rent) my question is, can i claim anything from his pension? the £30,000 he claims has gone (or i must have syphoned it away !) lord knows how i was supposed to have done this with no access to his acct. He pays no csa payments for our son, even though on the statement of arrangement for the children, he stated he pays it, to which i said he didnt and have confirmation from csa itself, he now has new partner which is great for me because he leaves me alone, no harrassment.Sorry im waffling on but didnt know where else to ask.
Thankyou in advance to reading this

  • jonathancj
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17 May 12 #331114 by jonathancj
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Why doesn''t he pay CSA maintenance? Have you made an application for an assessment? How long were you married, how are old are the two of you, how old is your son?

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17 May 12 #331152 by fedup70
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have made application to csa, he says he will pay by standing order, they allow time to set up, but nothing happens, they then phone him, send outn yet another form, by which time months go by, he makes 1 payment of £89.00 then nothing again, this been going on for 3 years!! together for 10 years, married for 5, Son is nearly 10. he is 61 this year, i am 42.

  • maisymoos
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17 May 12 #331155 by maisymoos
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Are the CSA collecting payments on your behalf? If they are not ask them to do so. The cogs at the CSA turn slowly, ring them constantly for updates, daily if you need too, eventually you will get somewhere.

The problems I had getting payments due direct from ex were endless. I then requested the CSA to collect payments, they have the processes in place to deal with non payment.

  • Tirov
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17 May 12 #331162 by Tirov
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50% of the lump sum and 50% pension is yours. Tirov

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17 May 12 #331163 by cookie2
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Tirov wrote:

50% of the lump sum and 50% pension is yours. Tirov

You can''t possibly know that without knowing all of the facts and figures.

  • Fiona
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17 May 12 #331164 by Fiona
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The value of a pension in payment is taken into account. As for the lump sum it wouldn''t be unreasonable to ask for evidence of what happened to it. IF invested in another asset, say a new home, it should be disclosed or if there has been a disposal to prevent you from claiming the value of the lump sum may be added back into the pot. On the other hand expenditure on the family or everyday things such as the usual holidays or replacing a car is justified.

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