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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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  • feltflower
  • feltflower's Avatar Posted by
  • Junior Member
  • Junior Member
20 Sep 12 #356884 by feltflower
Topic started by feltflower
We have a marriage of 10 years. I have earned more than my H and have a good pension compared to my H (he has very poor pension provision - less than 1/3 of mine). We both have worked full time and have kids together. I have contributed to lions share of all bills and have been main carer of the kids (and this will continue). I am in late 40s & he is in early 40s . In these circumstances and assuming that housing needs can be met through division of other assets is it reasonable for H to expect to take a share of my pension?

Any advice appreciated

  • TBagpuss
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  • Platinum Member
  • Platinum Member
20 Sep 12 #356931 by TBagpuss
Reply from TBagpuss
quite possibly. The aim is to look at what is fair, and take into account all the available assets. You are in a slightly unusual situation in that you are both the higher earner and the main carer for the children; the two may well cancel each other out in terms of whether there should be a departure from the starting point of equality.

i.e. - your husband might be entitled to a bigger share of capital because he is a lower earner, you might be entitled to a higher share because you are the primary carer and your needs will reflect that.

It does depend on the actaul figures and what each of you need, but it may well be that something close to an equal aplit of assets (including pensins) may be appropriate.

Of course, you and he are free to negotiate - if keeping your pension is a priority for you, you could negotiate for him to have some additional capital instead of claiming a pension share.

You may also be able to argue that an unequal split of pension is fair to take account of the fact that you are older so have fewer years in which to build up further pension.

  • feltflower
  • feltflower's Avatar Posted by
  • Junior Member
  • Junior Member
20 Sep 12 #356974 by feltflower
Reply from feltflower
Does the fact that I spent years trying to pursuade him to pay into pension (which he could well afford) make any difference?

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