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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 sharing

  • marktilltman
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04 Jul 12 #341011 by marktilltman
Topic started by marktilltman
We are splitting up next year. I have been married for 20 years. I have been inputting to a private pension for 38 years. Is my wife entitled to a share of my pension covering the full 38 years or just 20 years.

  • dukey
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04 Jul 12 #341013 by dukey
Reply from dukey
If you and your wife intend to make an agreement as a Consent Order the agreement can be very flexible, pensions can`t be considered alone, its the big picture that counts, respective income assets and pensions.

Yours is a long marriage so all assets are marital including your full pension, not just the value of while you were together.

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04 Jul 12 #341045 by marktilltman
Reply from marktilltman
Thanks for the quick response - i feared as much regarding my pension. Is there any rule of thumb regarding up the proceeds of our intended house sale. No children are involved. We have a 4 bed house.

  • The Divorce IFA
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05 Jul 12 #341256 by The Divorce IFA
Reply from The Divorce IFA
Hi,

I agree with Dukey in that I would expect after a long marriage for all the assets to be part of the negotiation.

However, when dealing with the assets there are a number of ways of sharing the overall pot.

For pensions this is pension sharing, pension attachment and pension offsetting.

How you approach matters will depend on your needs and your objectives.

For example, how will you both rehouse yourselves. If this is not your primary goal then you can look to offset some of your pension against your share of the matrimonial home (or other non pension assets).

Unless you do look at offsetting the pension I cannot see why the division of the house would not be 50:50.

The only thing you have not mentioned is maintenance. If there is a differential between your earnings and earnings capacity this may be part of a settlement.

If this is the cashe you may wish to capitalise these payments to ensure a Clean Break in which case the split may not be 50:50.

I hope this helps.

Regards

Phil

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