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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.


Pension after divorce

  • muriel
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30 Nov 07 #8200 by muriel
Topic started by muriel
I divorced in 1998, and we sorted out the finacial details outselves (neither of us signed any documents).

I now realise how much his pension is worth. My small one is worth £22,000 (as a pot of money)I only paid in part time for 9 years. His pot of fulltime work over an 18 year period was of course alot more. He also had an AVC which he paid £100 pcm from 1992. Can I ask for any of it. Would what I got at the divorce be taken into account (I got the house (with mortgage which I carried on paying)I sold the house in 1999 for net £54,000 and carried on paying the endowment which matured in 2001 I got around £14,000.

He kept the savings which were in his name of around £14,000.

I earned £13500 pa and his salary at divorce was £30,000 pa.

Let me know if its worth persuing.

  • TMax
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30 Nov 07 #8201 by TMax
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I would say no as it may cost you more in legal fees. plus of course you open the whole issue again of whats in the pot so all cash made from you both will go into the boiling pot to be shared.

  • muriel
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30 Nov 07 #8202 by muriel
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Thanks for that, I did think that would be the case. Your saying that what we both got NOW would be lumpted together again before any division.

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30 Nov 07 #8212 by TMax
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Yes as in this is what happeing to me, but leaving suprise for X to find out what the implications are and costs. It will cost according to my legal advice at least £700 to set up the pension order that must be paid before they will transfer any court order, so no order paid no pension settled. :-)

  • Louise11
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01 Dec 07 #8225 by Louise11
Reply from Louise11
Muriel

Yes you would be entitled to some of his pension.
They would work out what you were entitled to upto the time of your divorce. All assets ect would be disclosed from today but they would work back from the time of divorce.
My husbands ex did just what you are thinking of doing five years after they divorced. The courts worked back and awarded what was accumilated upto divorce.
Beware though, it cost his ex wife, 30 thousand pounds in Lawyer fees, 3 years to do it all for 30% of his pension.
He offered her 50% when she first started but wanted 75/80%, took 3 years of hell fighting it!

Kind Regards
louise

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