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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.

 

wife said doesn't want my pension

  • mrf
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05 Nov 09 #159866 by mrf
Topic started by mrf
Hi
My wife (32) and I (33) are seperated after 7yrs married although I am still hoping we can get back together but am slowly loosing hope of this. she has said that what ever happens we don't need to rush and get a divorce and that we could just stay seperated and divorce at later date something about if left 4-5yrs it's easier and cheaper to get a quickie divorce??
My question is, we rented so don't have any assets except a car £3000 and my company final salary pension unsure of value been working there 15yrs. She has said that she'd be happy not to touch my pension (as she knows I wanted to retire early and travel and if she takes it I need to work longer) if I leave the car (it is already in her name) and get the car repaired as it has several problems that couldn't afford to sort and finish off some of the jobs around the house and garden. So does the fact she says she doesn't want my pension mean anything or would I have no choice if and when the time comes regardless of what she says?
Thanks in advance for any help.

  • dukey
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05 Nov 09 #159873 by dukey
Reply from dukey
Any verbal agreement made would count for nought if you end up in court, that said there is no reason it should having no assets.

At your age it is doubtful any pension sharing order would happen even if your wife decided to ask for a share.

Have you thought of trying relate? with luck it could help resolve the problems you have.

If the worst does come to the worst talk to a mediator first they can help.

  • mrf
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05 Nov 09 #159881 by mrf
Reply from mrf
Hi thanks for relpy,
We are going to counselling but my wife seems to have made her mind up but I can hope for now. I understand that verbal agreement between us counts for nothing but am caught with wanting to work it all out and get back together, wanting to make sure she and kids are ok financially and not getting financially screwed myself. I may be able to get some legal help from my union or work but don't want to do something that she may see as me wanting out then maybe making me the bad guy.:unsure:

  • Active8
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05 Nov 09 #159925 by Active8
Reply from Active8
A few short points:
Divorce in 5 years time is no quicker nor cheaper than divorce now: the procedure is identical, only some of the wording changes.

I wouldn't bank on a court not considering a pension sharing order, with respect to Dukey, if W changed her mind, particularly if there are no other substantive assets. Getting a divorce and a Clean Break order formally dismissing her right to claim against your pension would give you peace of mind, once you have decided the marriage really is over.

If you leave it for 5 years a lot may have changed in both your lives: the court has to consider the financial position at the time of the hearing if you don't agree a settlement, not simply what it was at the time you separated. She may not feel as well disposed to you by then.

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