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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 sharing query

  • tina777
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07 Jun 12 #335580 by tina777
Topic started by tina777
Getting a divorce, but unsure of a pension issue.. I think I''m entitled to 50% of my husbands pension over the 16 years we were married, but unsure how this is covered. He had several pensions prior to our marriage, but tied them all up to his main, current one during our marriage. Does this mean I''m not entitled to part of it... Confused.. help and any advice appreciated.. thank you

  • sexysadie
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07 Jun 12 #335587 by sexysadie
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Depending on how much he wants to fight, you may need an actuary to unpick it all and make a report on what came from when. However, you can actually make a claim for a share of the entire pension. My ex did and he got a share of some of my pre-marriage pension.

Best wishes,
Sadie

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08 Jun 12 #335625 by tina777
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thank you very much for your help Sadie.

tina

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08 Jun 12 #335626 by WYSPECIAL
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tina777 wrote:

Getting a divorce, but unsure of a pension issue.. I think I''m entitled to 50% of my husbands pension over the 16 years we were married, but unsure how this is covered. He had several pensions prior to our marriage, but tied them all up to his main, current one during our marriage. Does this mean I''m not entitled to part of it... Confused.. help and any advice appreciated.. thank you


Its not quite as simple as that. His pension forms part of the pot to be split along with all his other assets and all your assets.

You would need to post more details for someone to be able to advise if it is worth spending lots of money on.

  • Tirov
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08 Jun 12 #335696 by Tirov
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You need an Actuary to value the pension!
Tirov

  • Fiona
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08 Jun 12 #335697 by Fiona
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As said above pensions have to be seen as part of the overall circumstances. There is no law in England & Wales that assets are shared 50:50, or at least it''s an oversimplification.

An actuary isn''t always required it depends on the type of pension, it''s value, the duration of the relationship , ages and if the pension is to be shared in a different proportion than 50:50 of the capital value.

  • ian conlon actuary
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15 Jun 12 #336881 by ian conlon actuary
Reply from ian conlon actuary
Your ex may argue to exclude pre marriage pension accrual, it depends upon how significant the pre marriage pension assets are. Happy to look at if you drop me an email.
Ian

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