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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 Split

  • sunny d
  • sunny d's Avatar Posted by
  • Junior Member
  • Junior Member
22 Feb 08 #14760 by sunny d
Topic started by sunny d
Hi everyone! ..I've been married for just short of 10yrs now & currently seperated from my wife. I need some advice as to my company pension (taken out before the marriage) as i've had conflicting legal advice from 2 solicitors - the 1st said that because Iam under 40 years of age & potentially could work a further 25/30 years that it would be unlikely that my spouse could make a claim on my pension as a result of divorce because the bulk of my working career is yet to come. The other solicitor made contradicting comments, saying my spouse would be perfectly entitled to make a claim on my pension. Which one is correct - anyone had experience of this?? Thanks Guys.

  • BVG
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  • Elite Member
  • Elite Member
22 Feb 08 #14767 by BVG
Reply from BVG
Hi donny lad
Yes your pension will be taken into account if it comes down to a divorce settlement. All assets , debt , FMH, savings, pensions will be considered. This is a very simple answer to a complex question. Take a look at the pension section for further advice.
Also post somemore details of yourself and maybe XTB, you will get plenty of feedback. The forum is rich in expert advice and people willing to help. You won't be alone.

Above all keep it friendly with your XTB and talk/negotiate at all times and try to work out a suitable settlement for yourselves.
Take care

  • Peter@BDM
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  • Platinum Member
  • Platinum Member
29 Feb 08 #15373 by Peter@BDM
Reply from Peter@BDM
Your spouse does have an entitlement to your pension but this usually only applies to the pension that has been built up to date. Courts are keen on achieving a “clean-break” wherever possible.

Easiest way to look at it is that a value will be put on your pension in current terms and she can make a claim against that value. It is generally considered that 50/50 is a reasonable starting point.

If the divorce is in a Scottish Court, only the pension built up during the relationship is taken into account, so any pension entitlement before the relationship is factored out. In the rest of the UK, it is generally all the pension to date, although some lawyers argue for the Scottish Law approach.

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