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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.


Pension division

  • all_shook_up
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08 Jun 12 #335678 by all_shook_up
Topic started by all_shook_up
When we divorced in 2004 my ex-wife and I split my pension 50-50. I have been paying into a pension since the divorce as I am 60 years old and needed more pension for retirement.
My ex-wife''s solicitor has now suggested that I give her more of my pension because they did not realise how much I would be paying into the pension after the divorce, and therefore how much it would now be worth.
Are they likely to succeed?

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08 Jun 12 #335683 by sexysadie
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Was there a financial order at the time of the divorce? If so, then I don''t think she has much of a chance.

If not, you would have to argue this out in court, along with any other financial arrangements. However (though no expert) I would have thought that you would have a good argument for keeping your more recent payments out of the equation on the basis that you were making these contributions in order to compensate for the loss of 50% of your pension in 2004.

best wishes,
Sadie

  • hadenoughnow
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08 Jun 12 #335688 by hadenoughnow
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Hmm. I would agree with Sadie. A financial settlement stamped by the court should dismiss all future claims.

There are rare cases when a settlement may be revisited ... for example if non disclosure of material financial information comes to light or if there is a catastrophic event that changes needs (Barder event).

However just deciding that she would like more on the basis that you have been able to recover your pension to a certain extent post divorce is not IMO a good enough reason to get more. Your ex could have paid into her own pension in this time. Did you get the advice of an actuary about how the pension should be split to ensure equality of income on retirement? (bear in mind this would be division of the pension pot on divorce not post divorce contributions).

Is her solicitor trying to suggest you had more available cash than you declared? What was the division of the rest of the assets? Have you been paying SM?

Hadenoughnow

  • Tirov
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08 Jun 12 #335695 by Tirov
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I think your ex wifes Solicitor is trying it on! tell them to go away!
The Consent Order is the agreement.
Tirov

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08 Jun 12 #335704 by Fiona
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When there is a pension sharing order I would assume it was part of an order "by consent" or an order of the court imposed by a judge as part of the overall divorce settlement. If there is an order does it include spouse maintenance and if so when does the term end?

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08 Jun 12 #335748 by all_shook_up
Reply from all_shook_up
Hi, there was a spousal order and it reduced to 5 pence in April, when I was 60.
The pension split was part of the co
nsent order which was drawn up by the solicitors at the time of the divorce and presented to the Court.
We almost went to Court three years ago when I was requesting a reduction in maintenance as my son finished his education. At the time I produced my pension statement so they knew how much I was paying into my pension and what the value was at that time.
I used to work for myself but now work for a bank, which has a non-contributory pension, which I did not have at the time of the divorce.

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08 Jun 12 #335774 by maggie
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Is your ex-wife exploring the possibility of higher maintenance payments ...is she considering applying to vary the amount to raise and/or "capitalise" the payments as a lump sum to achieve a Clean Break - in that situation judges are "primed" to look to pension sharing as the means of achieving that.
I''ve frankly never understood how that can happen if the pensions have been dealt with/ "all claims dismissed" in a divorce financial/Consent Order -
......unless pensions - unlike any other asset already dealt with on divorce - can be re-visited after the divorce to achieve the Clean Break that was not possible at the date of divorce.
Then again the rule is that any pension already shared can''t be shared again by the same ex-spouse....
....is it only post-divorce accrued pension that can be used by the judge to provide a lump sum so as to end spousal maintenance?

Has anyone experienced capitalisation of spousal maintenance/periodical payments by pension sharing?

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