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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.


Pensions after divorce

  • MouseMoseley
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27 May 12 #333326 by MouseMoseley
Topic started by MouseMoseley
Hi - I divorced last year, dealt with the Consent Order and received my Decree Absolute. However, my ex husband died a couple of months ago and his pension company contacted me to say I may be eligible for his pension. I had to send them my Decree Absolute to see if all the clauses complied fully and it turned out that I was indeed in line for his pension. I thought in my Consent Order I gave up those rights and am worried that "his family" in their anger can cause problems for me. Obviously this money will be a tremendous help in raising our daughter, as the maintenance I was receiving stopped when my ex died.

Any thoughts on this matter would be appreciated.

MM

  • Carrie Paechter
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27 May 12 #333341 by Carrie Paechter
Reply from Carrie Paechter
It might be that any pension sharing order hadn''t actually gone through by the time he died. Also your daughter is a dependent (as shown by the maintenance he was paying) so it may be that you receive it as her parent. If the pension company think you have a right to his pension it is ultimately their decision so I don''t think his family will have much of a chance of challenging it. They may be angry but I doubt that they would be able to do anything.

Might be worth bumping this up the list in the morning to see if any of the lawyers have a view, though. I am just a layperson.

Best wishes,
Carrie

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27 May 12 #333344 by MouseMoseley
Reply from MouseMoseley
Thanks for that - regards Michaela

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01 Jun 12 #334561 by Tirov
Reply from Tirov
Upon your divorce you were entitled to 50% of your ex husbands pension so it looks like you got the wrong settlement in any event. Therefore that settlement needs revisiting.

As for the pension it is truly an exceptional pension provider to pay a pension to an ex-wife!

What stands out a mile is that your former Solicitor has got your divorce financials completely wrong some where in the process.

Tirov

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01 Jun 12 #334562 by pixy
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This is really interesting - is it actually possible to write into a Consent Order that my ex will get a widower''s pension if I pre-decease him? And vice versa? Surely once the Absolute is issued all entitlement is gone?

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01 Jun 12 #334566 by Fiona
Reply from Fiona
That isn''t correct. Depending on the circumstances pensions can be shared in different proportions from 50:50 on divorce.

I''m not a pensions expert but my understanding is that pension fund trustees have discretionary powers to decide who will receive a dependant''s pension and they may have used them and decided you were eligible. I don''t think the family can challenge the decision of the trustees.

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