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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Pension Sharing

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01 May 07 #141 by fgth
Topic started by fgth
Can anyone tell me whether my wife would be entitled to 1/2 of my current pension value, or a %age of it based on how many years we have been married. I was paying into this pension for 3 years before I even met her

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01 May 07 #142 by DownButNotOut
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It depends on the other assets and how they will be split.

The total asset split (whether 50:50 or something else eg 60:40) is a function of which assets are marital, which are sole owned, how long the marriage is, etc etc

In a typical 50:50 split it is very common for the wife (childcarer) to get the greater share of the house, leaving the husband to have a greater share of the pension.

You need to provide a lot more detail to get an accurate answer

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01 May 07 #145 by fgth
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So there is no generic principle involved here ?

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02 May 07 #148 by DownButNotOut
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You cannot treat the pension in isolation. All the other factors have to be taken into account.

Have you tried the Divorce Calculator on this site - that should give you an idea of how the whole thing works.

The only general principle is that she is entitled to claim a share of your pension.

It clearly makes a huge difference between say two cases:
- 1 year marriage , no kids, both earn the same, both have pensions - in which case she probably will get none of your pension
- 20 year marriage, 3 kids, you earn 50k, she earns 5k, you agree to 60:40 split in assets - includinging 70:30 house in her favour and 50:50 split of your pension.

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