I was divorced three years ago after 25 years of marriage. I was given the house as the kids lived with me. Ex. remarried, became a mature student and therefore couldn't afford to help financially. In the wording of the divorce it states that I have the right to reinstate a claim for pension sharing. Do I have to engage a solicitor to do this? I am not sure if I will benefit and don't want to go to the expense of a solicitor unless I am going to gain something.
If the Decree Absolute has not been granted then it should be quite easy to sort out the pension entitlement but if the absolute has gone then there could be a problem. Maybe worth getting some legal advice.
Hi ok Im already going through this even after the D.A and as long as in your application you have what is called a prayer of the petition entered "which most papers have ready printed" (if not then your soliciters have done you a dis-service) you can ask for your share of the pension, a court/CAB can advise you of how to do this.
As long of course the agreement in the settlement of the house wasnt the be and end of it all.
Hi I am an Indendant Finacial adviser and we specialise in Divorce work. The posts allready seem to have covered the legal side as if the wording does allow you to seek a pension share then the next question is "of What ?" as the pension fund is likely to have changed in value since you divorced so the % you are seeking needs to reflect this. If you're on good terms with ex and this is mutual then the use of a lawyer may be very small. When working in partnership wih one of our introducing firms of lawyes and when the pesion is a sigifiant amount we often cover some of our client's legal costs from commission paid from a pension share. If I can help further please let me know