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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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SM and joint lives ?

  • amefbi
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15 Sep 12 #356013 by amefbi
Topic started by amefbi
I dont just sound weird on this site but my mind is playing ''weird'' games as well.:laugh:

Just advice on this question. (I am fully informed about reduction that can be done for SM payments later or about benifits)

If a person is in there 60''s and might only work for another 5yrs of more. Spouse is disabled

If retirement pa about £400pm and then will have a State pension later and maybee the Additional Pension as well.No other funds available.

How can the person then pay SM for maybee £1000 - £1500 pm to spouse for joint lives that is payable currently from his earnings.

What is the best way to claim SM in the above screnario that is fair and reasonable for both parties.

That it cant be for Joint Lives and has to be time limited. (you cant pay what you dont have?)

  • MrsMathsisfun
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15 Sep 12 #356016 by MrsMathsisfun
Reply from MrsMathsisfun
Will you be receiving a pension share?

Often sm is payable at one rate until the payer retires then the amount is reduce in accordance with the change of circumstance or possible stopped once the receiver gets their pension from the pension share.

  • amefbi
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15 Sep 12 #356029 by amefbi
Reply from amefbi
pension sharing defo at least 50/50 but Judge might decide to give me 100% or 70/30 due to our circumstances.
His pension is in payment and he has 100%, its about £800-900 per month thats why I mentioned £400 (50/50 split)in my query.

I have to claim SM and this will defo be awarded and my thoughts were while he is earning and in fulltime employment,he 61.

1. SM and pension sharing now.

2.Or..That I should claim SM for next 5yrs only and from 6th year pension sharing (his payments SM reduces then from £1500 to £400 (if 50/50 pension)

3.Or..No pension sharing while I receive SM of £1500 or R1000 and when he is not employed anymore, it changes to me receiving 100% pension = £800pm

4. He then receives his State pension and Additonal State pension that might be £800 pm.

Then we both have at least £800 pm to support ourselves

This is my thoughts on trying to be fair and reasonable and his Sols or a Judge might think Ive lost the plot.

I am going to claim MPS in week or so for £1500 or send his sols my offer on our financial matters anyways.

  • soulruler
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15 Sep 12 #356030 by soulruler
Reply from soulruler
I see no harm in making several offers which you believe fair and reasonable and that you would be happy with.

Send them to husbands solicitor (recorded delivery) and then he has options to settle without further costs.

It might even stop you having to apply for MPS. You could put in your letter you would be happy for your husband to accept one of your offers and confirm that you are waiting two weeks for either an acceptence or decline - if he declines, or fails to respond or starts with silly offers then apply into court for MPS.

If he agrees to a sensible offer then you only need to get a Consent Order drawn up and you may then be in the situation of going to court so that the court is satisfied that you both are aware of the realities of a consent order - they cannot be appealled.

  • LittleMrMike
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15 Sep 12 #356055 by LittleMrMike
Reply from LittleMrMike
Without knowing the facts, I can''t comment, but the options are :

1. The Court makes an order for joint lives, which in all cases means that both parties would have the right to ask for a variation on account of changed circumstances, which of course includes retirement.
2. Provide that the SM ends on the retirement of the payer. This may well be appropriate of there is to be a pension split.
3. Reduce the SM to a nominal order on retirement.

In my own particular case, the SM which I had to pay was reduced on my retirement but there was no pension split because at the time it was not legally possible.

LMM

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