Got my FDR on Tuesday 12th. I am already drawing my pensions (£1100 PM in total). My new partner is on a state pension only. My X has moved her partner in to our house a year ago when I got my Decree Absolute and so far refuses to negotiate any settlement. I have had a report made on my pensions and a sharing order by financial advisors. I only did this because my X suddenly started mentioning her Actuary was sorting things out. My report was based on pension equalisation at the age of 63 (my X's retirement date). The report on this basis showed a 38/62% split in my favour. Other facts are my X and her partner have a gross income of £31000 per annum with only small debts and he has to pay a CSA order for 2 children. No children involved on my side. The mortgage on the house has only 4 years to run with about £13000 to pay off.
The outcome I would like is for a pension sharing order of the basis of the report (or there abouts) and the realisation of my asset in the house. ie for it either to sold at the agreed sale price(£285,000) and having my share or for my X to buy me out and keep the house and part of my pension.
I would dearly love comments (good or bad)on this matter. Its such a worry!
I cannot see why an equal capital split is not fair
Pension situation you have offered seems OK.....what is her age and your age now?
One other factor to be borne in mind..as she is the Applicant has her solicitor served Form A on person responsible for the pension .....it is simply staggering how often this is fprgotten and if so no order can be made on your hearing until expiry of the notice...see Rule 2.70 (6) FPR
The Ancillary Relief Protocol also provides for this paragraph 4.4.4
Get your solicitor to check with the Pension providers prior to the FDR if notice received and if NOT -by asking them to fax confirmation the Pension Provider has not been served the notice to be given under r 2.70.
This includes all Pensions including DWP for SERPS....especially as your pension is in payment!
In cases like this when your Counsel responds to her Counsel's proposals before the DJ and argues why your offer is fairer....that's when the boot goes in when the DJ is told that sadly the Applicant's solicitors have failed to give notice and thus it is not possible for an order to be made by the Court other than to record an agreement under the principles of Xydhias v Xydhias. ...no doubt the Court will bear that in mind upon the issue of costs SHOULD THE MATTER NOT be agreed!!!!
That will put O/S on back foot to settle on your terms...