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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.

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

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

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  • HibeeChris
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30 Sep 12 #358605 by HibeeChris
Topic started by HibeeChris
I will be 60 years of age next week, when I will pick up my occupational pensions from Royal Mail and civil Service. My wife is 48 years of age. We both live in Scotland.
We share the mortgage. We have been married for 9 years. We have no children together, but she has 2 children aged 32 and 28.
If I was to divorce her, would she be entitled to a share of my pensions?

  • ScotBob
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30 Sep 12 #358609 by ScotBob
Reply from ScotBob
From my own experience I believe she can only claim against the portion accrued during the marriage. You would get a CETV value for as at the date of marriage and as at the date of separation, and I believe that is the differences in that amount which she would be able to claim against.

However I understand that, rather than pension sharing, you could offset a higher proportion of your share of the other assets (house).

If any of that information is incorrect then I''m sure one of the more knowledgeable Wiki peeps will correct me :)


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