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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.

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.

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Royal Navy Pension, he''s asking me to refuse it!

  • charlie61
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02 May 12 #328000 by charlie61
Topic started by charlie61
My husband and I are seperated, he left the Royal Navy after 20 years and did not take it well. For the last two years we have had an awful time and, for my sanity and my son''s, I have decided enough it enough. He works 50 miles away and I have to leave the house at the weekend so he can see his son. However my question is that he wants me to not touch his Navy Pensions. He also has a small war pension as he did his knee in. He house shares and his monthly income, after tax of over £3000 a month. This will go up as he now has the permanent contract and a pay rise. He has been crying and keeps on about the fact that I asked him to leave, he was prepared to stay here and keep trying (as if two years wasn''t enough) and that as I asked him to leave then I should be nice and not touch his pension.

He is constantly on about it, by phone, face to face, by text and its always about his pension. He spent 20 years in the navy and we were married for 13 1/2 years while he was in. He says that if I don''t touch it then he will pay my £600 a month until my son is 18, he''s 10 now. Its awful, its unfair and I have an appt with a solicitor in two weeks, but even if I wanted to, can I refuse to take part of his pension?

  • MrsMathsisfun
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02 May 12 #328029 by MrsMathsisfun
Reply from MrsMathsisfun
Hi welcome to wiki.

What is the situation regarding the house?

Do you have a pension?

A court would accept you not claiming his pension provided you have received a fair share of the rest of the assets.

For example

If you have a property you could agree to you keeping the house and him the pension.

  • charlie61
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02 May 12 #328033 by charlie61
Reply from charlie61
It is a housing associaton for ex-forces family, my son and I are here now, my daughter has left home now. I may have to leave the house as he is the tenancy and, even though I was in the Army it wasn''t enough to confirm is I can stay. So the house is nothing to do with things, thank goodness and that would just be more hassle.

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