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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.

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Is it really fair??

  • Canary
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17 Sep 07 #3505 by Canary
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Does consideration of the pension share include looking at the x2b's existing pension? What is x2b had 17 years of her own pension before gave up pension to have children. Will take into consideration that x2b already has some not inconsiderable pension, or will it be just carving up my pension for the period she didn't work.

  • wscowell
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17 Sep 07 #3506 by wscowell
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lots of points here. First, different day - different judge, the bane of every divorce lawyer's life. Everything depends on the exercise of "judicial discretion" which produces widely varying outcomes from similar facts.

Your main beef is that H's pension is now worth *much* more after Christmas. His sols should have seen that coming surely? And insisted upon the FH before the big pension hike? This kind of strategic appreciation and long term planning is essential especially with litigation over assets with substantial value.

Rossi applies in part - that pension didn't get where it is from passive increases in value. He put in AVC's from 5 years ago to date. Those AVC's have increased the value of the fund beyond what it would have been just with its normal growth. The extra growth is in my view a non-matrimonial asset. Hence the 40% figure, as Vail says.

The judge is trying to get to the bottom of all that, and that's why he is asking for the various valuations at different times.

But I'm worried about the automatic "this simple, add up the assets, subtract the debts, split the rest 50/50" approach. This is NOT the law in UK at this time. Or rather, it is an over-simplification. It applies IF:

a. The net assets are enough to meet the needs of both parties, treating pensions of course as different from current assets. (Re Maskell etc)


b. There has not been any particular contribution to the assets either party to justify a departure from the 50% "rule" in White -v- White.

If the assets aren't enough as above, then you go back to the checklist of factors set out in s25(2) Matrimonial Causes Act 1973 and "needs" will usually come at or near the top of the list.

Hope this helps!

Will C

  • Fiona
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17 Sep 07 #3508 by Fiona
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  • gone1
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17 Sep 07 #3509 by gone1
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This scares the sh1t out of me. Surley they cant make you work until 65? Chris

  • wscowell
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17 Sep 07 #3514 by wscowell
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You are really sharp. Do you sleep in the knife drawer??:lol:

Will C

  • Louise11
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17 Sep 07 #3519 by Louise11
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Hahahah like it " do u live in the knife drawer".

Many thanks everyone,

Thats the trouble with divorce law, no level playing field, I think the Scots have got it right but hey ho who am I to decide that!

My main beef is that everything was honky dory till my husband met me! Some 12 months after his divorce. He was living in such a financial mess struggling to pay off marital debts and having a daughter to provide for as well as a son living at home!
His former wife had not one ounce of a problem then! Till o dear he married me! Some two years after their absolute! The day after the honeymoon! We received the normal run of the mill letter from her solicitors, please provide us with your P60, 3 last wage slips, blah blah bloody blah!

3 years on and all our savings gone in Solicitors fees we have had to represent ourselves. We didnt see it coming that his pension would be worth more after he did 25 years, we didnt expect it to have run on for 3 years either, but we cant demand when a court hearing is going to be? I think up to now we have had to give 5/6 CETV valuations as every time a court hearing comes up hes paid another whatever into it! She has been ordered at the FH which was in May to provide her pension CETV but as of yet still refuses. Where does that leave us? Accepting their offer (which is still off the record as her solicitors ring with the offer, just to test the waters no doubt) just to get her off our backs. In actual fact I wont go into it because its sooooooooooooooooooooooooo long winded but the 40% they are after? Well it actually equates to 50/50 when they retire.(or so they say) He will get 10k per year from 55 she will get 15k from age 60! Is that fair? I dont think so, its him who has worked 12/14 hour shifts sometimes 7 days a week for 30 years. Whats she done except have numerous affairs and lies to the court continually, not turning up for many hearings, not adhering to any court orders that have penal notices attached to them, the list is endless and I wouldnt ruddy mind but shes the sodding APPLICANT! Its down to her and her solicitors that its gone on for so long and still they dont provide what they should, will there be any consequences for all that? Mmmm we shall see.

Anyway many thanks to you all rant over!

Louise :)

  • TMax
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18 Sep 07 #3549 by TMax
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Bloody hell Louise I thought I was reading my exact life there for a moment, you gave me some thought with this post and its shoved out from the back of my mind that my ex has probably come back on the scene years after the absolute to make a second claim (which her soliciter appears to think she will get.

I never met this my new partner till 3 years after the absolute, this year my Mil pension shot up a lot and now pays my mortgage (ref my blog) you makew me wonder if some person of questionable birth has given them a hidden thought to come back as they new we would be better off

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