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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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Pension sharing

  • all_shook_up
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07 Aug 12 #347965 by all_shook_up
Topic started by all_shook_up
I wonder if anyone can help?
I divorced 8 years ago and my ex-wife and I kept each kept small pensions that we had, prior to the marriage.
I had a large pension which had built up during the marriage and this was split 50-50.
Since the divorce I have put more money into my small pension and also now have another pension with my existing employer.
My ex is about to go back to Court to apply for an upward variation in spousal maintenance. There are no children involved as my son is 25.
Would my ex also be able to apply for pension sharing of the two pensions that have not already been shared, even though I have built these up since the divorce?

  • TBagpuss
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08 Aug 12 #348142 by TBagpuss
Reply from TBagpuss
no.

Check you order- it will include dismissal clauses maing it clear that it is a final order and neither of you can come back with new claims against each other

(the maintenace isn;t a new application in this sense, it is a variation of the old one)

  • NoWhereToTurnl
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08 Aug 12 #348153 by NoWhereToTurnl
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Hi all_shook_up,

I realise TBagpus is a solicitor so will know much better than me, therefore I will just give you a brief outline of my current situation.

Divorced May 2005, joint lives SM awarded to me, exh unilaterally stopped payments March 2012 and then applied for variation of CO to have SM dismissed.

No pension order at time of CO and it states claim to pension does stand dismissed.

What my exh did not realise and had not been informed of by his solicitor, was that we would both have to complete form E again and the options open would be:
1) up ward or downward variation of SM

2) Capitalisation

3) pension sharing

We have had a first hearing & he has resumed payments, the DJ ordered us to agree and appoint a joint actuary, we have both applied to our pension providers for CETV.

My exh is furious as he has a very large pension but has now been informed it will be the whole pot that is available should pension sharing be ordered. His solicitor was unaware of this option.

www.thomasmore.co.uk/ImageLibrary/Capital%20City%20Notes.pdf

The above link explains better than I can.

Best wishes,
NWTT

  • all_shook_up
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08 Aug 12 #348181 by all_shook_up
Reply from all_shook_up
Thanks for your replies, Bagpuss and NowhereToTurn1.
The Consent Order states:
"Save as aforesaid the applications by the Pertitioner and the Respondent for lump sum, pension sharing and property adjustment orders do stand dismissed."
My ex-wife''s solicitor is saying they did not realise I would be paying so much into my pensions after the divorce and if they did they would have asked for more maintenance to allow her to also pay into a pension. They knew how much I was paying into pension at the time of the Consent Order.

  • minxy1912
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08 Aug 12 #348186 by minxy1912
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surley if you have a Consent Order in place they cant touch you again?

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08 Aug 12 #348198 by maggie
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10 Aug 12 #348578 by all_shook_up
Reply from all_shook_up
Thank you Maggie. But when I retire next year and take a lump sum to pay the mortgage off, I will receive roughly the same monthly amount as my ex-wife is already receiving via her private and state pensions.

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