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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.


Ancillary Relief & Early retirement

  • redwine47
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25 Sep 12 #357747 by redwine47
Topic started by redwine47
Due to various issues stbx cld be sacked, made redundant or forced to retire!

Can someone advise what would happen if stbx is forced take early retirement in middle of AR proceedings..... Would his pension be considered as income & lump sum received considered as capital?

Thanks

  • julie321
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25 Sep 12 #357782 by julie321
Reply from julie321
I would be very interested to hear advice regarding this as I had to take early retirement in April this year and am about to start AR proceedings. As for lump sum I have had to use this to survive as pension only 608 per month.

  • LittleMrMike
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25 Sep 12 #357793 by LittleMrMike
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Seems to me that what you describe would be a fundamental change of circumstances calling for a total review.

Yes, his pension and his lump sum would certainly come into the equation. It might be that a pension share would be called for, depending on circumstances.

If there is doubt as to whether your husband will lose his job or not , it might possibly be wise to adopt a policy of wait and see rather than come to an arrangement which might have to unscrambled soon afterwards.

Julie321 : I think it''s always sensible to get together what facts you know about your own and your husband''s respective financial positions, and seek an appointment with a family lawyer who should be able to give a reasonable guess at the outcome.

LMM

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25 Sep 12 #357797 by julie321
Reply from julie321
Thankyou LMM

I have an appointment on 3rd October earliest one I could get. Husband is working approx 2100 per month. Has a mineworkers pension and a private one together worth half my pension I believe.

This is guesswork as he has not spoken to me in two years. Guess I will wait and see what solicitor says as have asked to discuss with him but he says he will see solicitor. Going to cost a loy of money I suspect.

  • redwine47
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25 Sep 12 #357835 by redwine47
Reply from redwine47
Thanks for your reply.... The final hearing has. Now been postponed after nearly 3years of waiting.......all due to his misdeamours! & no doubt my family & I will suffer the financial consequences.

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