How do I know...?

How do I know info such as the value of a pension at date of marriage?
Lots of people seem to be saying that in a long marriage (mine was 18 years) the value of what you had at the start doesn't matter - it is now a joint asset. x2b's lawyers are going to try to claim that because 18 yrs of pension was built up pre marriage and 3 kids the whole lot should not be considered, just a proportion.

Also according to the calculator I should be getting a 70:30 split in my favour. x2b on benefits, in rented accom, large pension available 2 him from next year, disabled but not as bad as he makes out, I have (not great but enough) income and have been pretty much sole breadwinner for last 10 years. Kids are with me - 11,15,17 and off to uni next year.

How realistic is this? My solicitor seems to think I will be looking at a 60:40 split. I don't think that can be right - but I cannot afford the 10k+ he says it will cost to go to a final hearing .... aaaargh!!

Hi broke. I cant see it costing 10K for FH. Barristers are around 1500 a day. I know thats a lot of money but U get a lot or at least you should do. 60 / 40 isnt bad either as you effectively only have 1 child at home. The 15 and 17 year olds can work and should be able to provide you with an income. Your ex is living in a bedsit at 49? Blimey how bad is that? Have you ever lived in a bedsit? I cant imagine what that must be like at 49. I did it in my late 30's and it was tough after living in a family home.

Thing is with divorce is nobody gets what they want and the only winners are lawyers. Thats the bottom line. I wouldn't put to much faith in the calculator as its all down to the judge and there are to many uncertainties.

My ex is also supposed to be disabled. Except disabled people cant go clubbing and carry the shopping in and walk 5 miles home after a night out pissed up. But according to the law of the land she is disabled and I cant do anything about it. Hope this turns out ok. Chris

"Lots of people seem to be saying that in a long marriage (mine was 18 years) the value of what you had at the start doesn't matter - it is now a joint asset. x2b's lawyers are going to try to claim that because 18 yrs of pension was built up pre marriage and 3 kids the whole lot should not be considered, just a proportion"

Broke they would be right to do so generally.

With pensions Re H suggests part of the pension pre marriage should be largely be ignored...if you brought other assets into marriage say equity from previous marriage etc in a long marriage (Co Hab + Marriage c 20 yrs) the issue of "contribution" largely is irrelevant.

There is a great danger of relying on percentatges to settle cases like yours You must look at the s 25 factors and give due weight to the important issues.

Clearly in your case "Needs" seems paramount

Especially as you have children....your housing need is v important

His health is an issue but certainly he will get enough income next year when he draws his pension.

Without figs {of equity/capital/house value/mortgage/incomes/pen transfer values etc]one cannot say but it seems that the FMH would not be sold until the C leave home. So it sounds like a "Mesher order" type of case...FMH to you with a deferred charge back to H which would not be enforced without Court's permission until happening of the first of the following:

Your death ,remarriage, or other order of the Court