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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.

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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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Assett /pension liability

  • jennbrowne
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15 Apr 12 #323936 by jennbrowne
Topic started by jennbrowne
hi can some one help, i have been married 9 years but have held my CivilService pension for a lot longer. husband and i are divorcing and he is holding going after my pension as a weapon to get his demands met, we seperated for 18 months due to domestic abuse , and lived apart for two years due to my work commitments during which he didnt work and claimed benefits as a single man . At worst case what is his likely entiltlemnt to my pension as he seems to think it is a minimum of 50% of the total years service.

  • LittleMrMike
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15 Apr 12 #323946 by LittleMrMike
Reply from LittleMrMike
I am no expert on pensions so perhaps anything I say may be taken with a pinch of sale, but on the basis that it takes 40 years to build up a pension and you have been married for 9, I''d say that 25% was as much as he is likely to get.

You seed suitable advice.


  • MrsMathsisfun
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15 Apr 12 #323954 by MrsMathsisfun
Reply from MrsMathsisfun
Hi Jenn

Can I ask how old you are and how long the pension fund has been running in total?

As Dukey said, its usually the pension acrued during the marriage that is shared. (but it will depend on the whole financial situation)

Does your Stbx have any pension of his own?

  • jennbrowne
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15 Apr 12 #323958 by jennbrowne
Reply from jennbrowne
hi i''m 43 next birthday and its been running 16years ish . he hasnt worked or contributed to the marriage financially in 5 years since his business went bankrupt and has no pension of his own

  • ian conlon actuary
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17 Apr 12 #324526 by ian conlon actuary
Reply from ian conlon actuary
Firstly, if a pension share is applied then it''s a percentage of benefits accrued to date, not the total you will have built up by the time you retire.
Secondly, if you had accrued substantial pension benefits pre marriage then there is an argument to exclude these.
Thridly, if you have separated for some time there may be an argument for excluding pension benefits which have accrued since separation.
Lastly, are you sure that he has absolutely no pension benefits at all, at the very least he should probably have some entatlement to Additional State Pension, the value of this can be provided by the DWP free of charge.
The best starting point is to discuss with your solicitor, you may then need more specific pensions advice .

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