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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 settlement

  • speedy1
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11 Dec 07 #8815 by speedy1
Topic started by speedy1
my son who is 41, has 2 children 10 and 7 years old, separated from his wife just over a year ago. She took profits from the sale of their home, the car and all the furniture except a washing machine and a few miscellaneous small items! My son was left with all their debts approx 8k.

They both now own their own homes. 50/50 contact with the children and my son pays £450 maintenance per month (also paying off the debt). He also buys extra clothes/shoes and contributes to school activities such as football, swimming and violin lessons.

My question is: will his ex-wife (they are not divorced yet) be entitled to any of my son's pension (& at what stage?). They had been married 12 years until separation.

  • DownButNotOut
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12 Dec 07 #8907 by DownButNotOut
Reply from DownButNotOut
The items typically available for divison upon divorce are house, cars, businesses, pensions etc.

It is always best to get the full financial deal formalised and ratified by the court as a Consent Order.

Did you son sign a formal agreement before handing over the house?

Really all of this should be settled at once.

If no formal deal was agreed, then she could well come back for a share of the pensions.

But typically as she got the house equity, he would keep the large majority of or all of his pensions.

Did she previously apply for ancillary relief or was the whole split of assets some kind of informal deal?

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