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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.


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.


Pre marital pension accrual

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06 Apr 12 #322094 by pgh
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I''m getting divorced and we are approaching the vexed question of pensions. My stbx has an NHS pension built up for 18 years value of about £150K. I have a pension built up over 24 years opf approx £500k.
My stbx gave up work for approx 7 years to raise the children. We have been married for 10 years sp she worked and earned pension for 3 of those years.
Is it possible for us to exclude the pensions built up before my wife stopped working. And to concentrate on balancing the 7 years she had her pension disrupted for?

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06 Apr 12 #322098 by Fiona
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Pensions have to be seen in context of the overall facts. There may be arguments to exclude significant pension accrued before marriage. What are your respective ages?

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06 Apr 12 #322112 by pgh
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We are similar ages I''m 47 she is 6 months younger. We have agreed between ourselves to divide the house 50/50 so we will both get approx £200k each.
I have been diligient with my pension buying added years and AVC''s for more than 10 years before we even met. She has never bought added years or tried to incease her pension in any way - which is one of the reasons it is so much smaller than mine.

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07 Apr 12 #322119 by sillywoman
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Perhaps she expected to be married for life and then you would share both pensions?

Dont you think it would be fair to put both pensions in the pot and share 50/50 as you are doing with the house? Or do you want more?

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07 Apr 12 #322143 by pgh
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Hi its not a case of wanting more it is a case of why should I be made to pay for her poor pension choices. Clearly she was quite happy before she met me to have an incomplete pension (as she never attempted to make up any short fall). So why is it incumbent on me to redress her indifference to her pension.

If we address the 7 years she didn''t work then she would be on the same financial footing as if we had never been married. Is that not fair? By halving everthing in my pension she would be the one who is gaining at my expense.

If the only reason she is entitled to half is based on the assumption that we would stay married - well she broke that assumption when she decided to end our relationship. That is not meant to sound bitter but rather is a fact.

You mentioned earlier that there are arguments for excluding portions of pension does mine not qualify? What other arguments are there?
I know that in Scotlamd pre marital pension is excluded so I am not asking for the impossible or am I?

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