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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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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.

Cash lump sum and pension rights after 5 years?

  • irmarky
  • irmarky's Avatar Posted by
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  • New Member
03 Dec 07 #8348 by irmarky
Topic started by irmarky
After just 13 months of married life we split and have now been separated for over 6 years without any contact with my ex but now she has petitioned for divorced and is asking for a lump sum and a portion of my pension. Its pretty obvious that she knows about my change in circumstances as this has come 2months after being pensioned off from work with a small pension and a lump sum. We have no children and we have both had relationships since.is it possible she can get half my pension and lump sum?

  • attilladahun
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  • Platinum Member
03 Dec 07 #8362 by attilladahun
Reply from attilladahun
How long was:
a- you lived with her before marriage
b-married and lived together
c-what % of your pension earned before co-habitation?

Generally she can make financial claims but it is impossible to advise without knowing the capital and incomes of parties and their £ needs.

People involved in divorce proceedings almost always want to know on what basis the Courts divide up the matrimonial assets between husband and wife if the Courts have to decide the issue. Indeed, this is what is at the heart of most divorce cases. If there is a dispute it is more likely than not to be about money. In fact, the relevant principles are set out in Section 25 of the Matrimonial Causes Act 1973 which, essentially, reads:-

"25 (1) It shall be the duty of the court in deciding whether to exercise its powers .... to have regard to all the circumstances of the case including the following matters, that is to say -

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e) any physical or mental disability of either of the parties to the marriage;

(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(g) ...the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring;..."

The procedure by which financial issues (transfers of property, maintenance etc) are resolved within the context of divorce is known as "ancillary relief"

A layperson who has no experience of other divorce cases and who is personally involved in a divorce is always likely to seize upon the particular words of the above section which seem most favourable to his or her own case. This is an entirely understandable phenomenon (and one to which lawyers themselves are as prone as anyone else when personally involved in divorce) but the court must always look at matters in the round.

  • irmarky
  • irmarky's Avatar Posted by
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  • New Member
06 Dec 07 #8586 by irmarky
Reply from irmarky
We lived together 6 weeks before marriage.
Lived together married for 16 months
she is currently unemployed.

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