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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.


AFPS 75 advise needed from Bill Oddies x

  • vivi36
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01 Jun 12 #334609 by vivi36
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hiya,

I''m divorced and am awaiting settlement.

My x has served 22 years and is now on 2 years continuation. He has to give me his lump sum gratuity and commutation lump sum.

He is now stating that he has been offered a further 2 years continuation. He states that he will recieve his gratuity but not his commutation so I will just have to accept that. when I said no he has gone up the wall and sent me a shed load of nonsence texts.
He is stating that he will make himself bankrupt and leave the Army early so there is no pension, gratuity or commutation. He''s talking rubbish isn''t he? Surely he cannot ''choose'' to bankrupt himself. And surely the Army would still honour his pension and payouts as he has served 22 years and is on 2 year continuation contracts??????

someone put my mind at rest please

xxxxxx

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02 Jun 12 #334623 by hadenoughnow
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Vivi, do you have a consent or court order? What was the actual financial settlement? Were you to get 100% of these lump sums?
Was there a set date for this to happen?

Do you have a pension share? If you do, you should have a pension in your own right.

Hadenoughnow

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02 Jun 12 #334625 by vivi36
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Good morning Hadda xx

Consent? Or court order? I don''t know we went to FH then Appeal. I was awarded 60k or 75% what is greater. No PS because comutation is kind of that (altho I was awarded 30% PS in FH I let it go at Appeal).
No actual date because he can keep on with continuation but I have a set Maintenence until payment then to CSA.

Thank you

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02 Jun 12 #334628 by hadenoughnow
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If he is continuing service then he has no control over when he gets the money. He has served his full term so his pension etc cannot be any less. I assume he thinks if he was bankrupt, all his assets would go to that. The thing is they are not his, they are part yours and you have a court order.
I would have thought it was better for him to be employed than on the jobs market at present.
Incidentally, what possessed you to forego a 30% pension share? Did the appeal judge say the final hearing judgement was unfair?

Hadenoughnow

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02 Jun 12 #334629 by vivi36
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Thank you Hadda, that makes me feel so much better xxx

The thing is it wasn''t about getting whatever I could it was about survival. I offered because I want the here and now. A roof secured oover our heads I''m young enough to deal with a pension. And there''s a small element of me that beleives he has worked damn hard for that pot. I offered, he bit my hand off, signed sealed delivered. Now he''s having second thoughts because he gets remarried shortly and his fiance has realised that she''s not getting the immidiate money..short sighted biatch!

Thanks again Hadda xx

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