A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


pension

  • missb68
  • missb68's Avatar Posted by
  • New Member
  • New Member
More
03 Feb 08 #12722 by missb68
Topic started by missb68
hi just heading into the divorce minefield. we settled 50/50 split with house and i have one child. my husband wants me to not go after his pension he does not want his financial details looked into. he earns a considerable amount more than me and now wants me to drop the pension issue and he wont go after my pension i work part time please help is this worth the hassle?

thanks

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
03 Feb 08 #12725 by DownButNotOut
Reply from DownButNotOut
Missb68,


OK the advice on this one is as follows....

(u provide no details so I can only talk general principles)

You are entitled to fair share of marital assets, 50% as a starting point.

The pensions are part of those assets. So if you take 50% of house and let him keep pensions then you are accepting less than 50% of total assets.

Assuming the child will live with you, you should not take less than 50%. So you should insist pensions are included in the pot.

Then in practise what typically happens is that you agree to offset the pension against the house.

i.e. you agree to take 60% or 70% of the house and he keeps all the pension. [The exact % depends on house equity vs pension value] - but you get the idea.

The split is often done as per previous paragraph cos it avoids sharing the pension , cos pension sharing incurs some signficant administration costs.

One complication is that 100k worth of pension is not worth as much as 100k worth of house, cos you can sell a house and get cash....you cannot 'cash in' a pension.

  • missb68
  • missb68's Avatar Posted by
  • New Member
  • New Member
More
03 Feb 08 #12727 by missb68
Reply from missb68
oh dear we split two years ago and house sold then dont think i can go after another 10% but thank you for advice never thought of it as less than 50% seein a bit clearer now he did say he was going to make me a cash offer to stay away from his pension and now is saying if i leave his pension he will leave mine i have a form of consent from his solicitor to proceed with divorce if i sign that does that mean i agree to this?

thanks for reply my head a bit pickled by all this:(

  • missb68
  • missb68's Avatar Posted by
  • New Member
  • New Member
More
03 Feb 08 #12728 by missb68
Reply from missb68
oh dear we split two years ago and house sold then dont think i can go after another 10% but thank you for advice never thought of it as less than 50% seein a bit clearer now he did say he was going to make me a cash offer to stay away from his pension and now is saying if i leave his pension he will leave mine i have a form of consent from his solicitor to proceed with divorce if i sign that does that mean i agree to this?

thanks for reply my head a bit pickled by all this:(

  • missb68
  • missb68's Avatar Posted by
  • New Member
  • New Member
More
03 Feb 08 #12729 by missb68
Reply from missb68
oh dear we split two years ago and house sold then dont think i can go after another 10% but thank you for advice never thought of it as less than 50% seein a bit clearer now he did say he was going to make me a cash offer to stay away from his pension and now is saying if i leave his pension he will leave mine i have a form of consent from his solicitor to proceed with divorce if i sign that does that mean i agree to this?

thanks for reply my head a bit pickled by all this:(

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11