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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.


divorce settlement

  • piggies
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06 Oct 12 #359555 by piggies
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Hi. I am just starting a divorce after 25 years of marriage. It is not amicable. My husband has 2 share options running with his employer one to mature in 2 years the other to mature in 3 years. Does anyone know how these options will be calculated as an asset. Will I be entitled to a settlement at today''s share price or am I just entitled to the money we have paid in to them?

  • WYSPECIAL
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06 Oct 12 #359574 by WYSPECIAL
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Depends what sort of share option it is. Sounds like a SAYE option?

If it is a save as you earn where there is an option to buy shares at a fixed price in the future then it is the money that is saved so far that counts.

Depending on how long the options have run then there may be a small amount of interest to consider but it will be negligible.

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06 Oct 12 #359638 by piggies
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Will he still be able to hold on to his share save options or can I force him to close them down. I don''t think it''s right if he able to keep them when in 2 years he''ll get over 50 grand at today''s share price

  • stukadivebomber
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06 Oct 12 #359645 by stukadivebomber
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Todays share price doesn''t really matter.
If he doesn''t have to cancel the scheme, he can''t do anything until it reaches maturity.

He then has the option of taking a lump sum (his total contributions, plus a bonus), or taking the equivalent value of shares.

For the purposes of the dreaded form E, we are only considering the contributions so far.

I think these schemes usually only refund ones contributions (less fees) if one needs to terminate a plan prior to maturity.

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08 Oct 12 #359808 by piggies
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Thank you so much for your help guys. Really appreciated.

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08 Oct 12 #359850 by WYSPECIAL
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piggies wrote:

Will he still be able to hold on to his share save options or can I force him to close them down. I don''t think it''s right if he able to keep them when in 2 years he''ll get over 50 grand at today''s share price


Crikey it probably isn''t a SAYE scheme if its worth that sort of amount as the limits on what you can save don''t usually cover that sort of value unless the company share price has gone up massively since he took it out?

You need to remember as well it''s the share price at maturity that will count. What the share price is today is of no relevance as he can''t exercise the option today. In two years time they might be worth nothing.

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30 Jan 14 #420730 by gorillaman
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Sorry to post on an old thread but every time i use google to try and find more information this thread always pops up.

I have previously posted this question on my own thread and i am very grateful to WYSPECIAL for the replies i received.

I too am having difficulties negotiating my SAYE with my wife. I have offered her a portion of the amount saved to date but she is adamant she is entitled to the future value in two years time when i convert to shares. I am set to make a large profit so she can only see the pound signs in front of her eyes.

I have tried explaining that all assets are calculated at the current date and she would be annoyed if i requested a share of her pension in the future at maturity when she is 65!

How can i prove to her that i am correct, or do i have to write to her solicitor to ask her to explain things to my wife? Is it likely that i could be wrong and the solicitor indeed does try and pursue a portion of the future value at maturity?

As much as i''d like to print out posts off the wikivorce website and say ''there you go that is what the forum experts say'', i don''t think that is going to stand-up.

I am desperate for any official document / ruling / precedent / law that i can use to prove SAYE''s are calculated using the current savings amount.

For me it''s as simple as saying it''s an asset so it is today''s value, but talking to my wife really is difficult.

I also think my SAYE being calculated at today''s value will be the only justice i see in the proceedings for all the extra money i''ve put into the pot over the last ten years.

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