A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

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.

Ancillary relief Forces Pension

  • Liago
  • Liago's Avatar Posted by
  • Premium Member
  • Premium Member
17 May 07 #282 by Liago
Topic started by Liago
We are waiting to go to court, Married 19 years, 2 kids. Main assets - £200k in house and our pensions. His solicitor argues that his pension should not be taken into consderation (Maskell v Maskell) only the retirement lump sum payment. And has not as yet provided us sight of his CEV.
Q... What may be the likely split of equity considering I will need to purchase a 3 bed house? Will the court totally disregard my obligation to provide a home for the eldest because he is 18?

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
18 May 07 #301 by DownButNotOut
Reply from DownButNotOut
As you care for the 2 kids you may get the greater share of the assets in the house (perhaps 60:40 ro 70:30).

I dont think what his solicitor is saying re: the pension holds water.

Maskell vs Maskell set a precedent that the CETV value of the pension is not to be valued at its full value when traded off against another asset usually the house. Unfortunately the case did not make it fully clear how much the CETV should be valued at, some say 50% some say 25%.

You would be well advise to strongly pursue any claim on his pension so that then you could trade it off against the house.

Depending on the CETV value of the pension you could increase your 70% of the house to 80%,90% or 100%. Leaving him with all or the bulk of the pension.

A counter arguement to the Maskell one is the there is a growing belief that the CETV undervalues a pension and you could say that you want to get the pension valued using another method.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.