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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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cetv

  • brummielass
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14 May 12 #330475 by brummielass
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had a CETV two years ago while still employed. Now retired - will my CETV have changed much?

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29 May 12 #333712 by Tirov
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CETV''s will have changed. Did your settlement include a CETV?

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29 May 12 #333715 by dukey
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When a pension is in payment the valuation is CEB rather then CETV which is for pensions not yet in payment.

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29 May 12 #333716 by hadenoughnow
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brummielass

Welcome to wiki. Perhaps you could tell us a little bit more about your situation so we can advise you more effectively.

A CETV is no longer relevant when you have retired as you are actually receiving the pension benefit.


Hadenoughnow

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29 May 12 #333728 by brummielass
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When we separated several years ago, we had no formal court order. We divorced formally last year and ex now seeking ancillary
relief! I got a CETV in 2010, but retired last year and wonder what the current position would be?

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29 May 12 #333736 by hadenoughnow
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The financial settlement is based on the position at the time of divorce. If the pension is in payment it is frequently treated just as an income stream - unless it is clearly more than adequate to meet income needs and could/should be shared.

Any lump sum you have received would be a factor as would property you each own etc.

Does he have a pension? To advise you more effectively we need to know how long you have been apart and what your current situation is as well as:

Ages
Length of marriage (+ any cohabitation)
Incomes (inc any benefits)
Children - ages, genders and arrangements for them
FMH Market Value (or own properties and when purchased)
FMH outstanding mortgage (or own properties)
Pensions CETVs if possible OR annual pension income (see above)
Any other assets in sole or joint names inc savings (this would include lump sum from pension) - endowments, ISAs etc
Liabilities .. debts in sole or joint names accrued pre-separation (or post separation is spent on essential living costs).

Hadenoughnow

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29 May 12 #333740 by brummielass
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Yes, he has a pension which is roughly the same as mine.

I am 64, he is 60.

Married approx 18 years. Separated 6 years ago - he has cohabited since then - I am alone. I have our son aged 17 with me. He pays £287 p m via CSA - this will cease in august.

I own our house, which he transferred to me in exchange for a cash settlement six years ago. I have no mortgage. He owns a house with his co-habitee - they may have a mortgage but if so not a large one. In addition to his pension he works part time and she works full time. I do not work.

Would a court not ignore CETVs?

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