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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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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.


Pre marital pension

  • scaryspice
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16 Jul 12 #343349 by scaryspice
Topic started by scaryspice
Hi all ,
Does my STBX have a right to claim the part of my pension that I paid into before we were married ?
I was working for 4 years before we married and then for one year before I gave up my job to move to America for his job.
I then started work again part-time when we came back to the UK ,3 years later.
Could I also claim that my pension would be worth more if I had worked full time but as I have 2 kids ,wanted to be at home for them or is that just tough !!
Thanks SS

  • Hamilton1
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16 Jul 12 #343373 by Hamilton1
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HI ScarySpice,

I am assuming that this is not a short marriage and so yes he can have a claim on y our pension accrued before marriage just as you would have a claim on his assets.

However, it is not as clear cut as that as there are many factors to be taken into account and often a division in assets will not be 50/50.

Your role as the homemaker does hold value and will be recognised.

Hope that helps.

H

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16 Jul 12 #343513 by scaryspice
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Thanks Hamilton1 ,
It was/is a marriage of 19 years .
He had no assets before the marriage ,he lived in the house I owned,rent free for 5 years .I supported him for those years while he was doing his PhD.

Oh well , I won''t make that mistake again !
SS

  • MrsMathsisfun
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16 Jul 12 #343520 by MrsMathsisfun
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Are you both the same age?

If there is an age difference then pre martial pension assets might be excluded.

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16 Jul 12 #343530 by scaryspice
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We are both 47

Seems unfair that he gets part of my pension before we were married ,how does that work ??
There are also AVC''s that were paid before the marriage . Can he get his hands on that too ?

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16 Jul 12 #343533 by MrsMathsisfun
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Sorry think they will be included too. I have to agree personally I think pre martial pension assets should be excluded.

My partner solicitor seemed to suggest that it is usual to only included pension accrued during the marriage but that might just be the local courts view.

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16 Jul 12 #343573 by Fiona
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In England & Wales after a short marriage pension fund accrued before marriage may be deemed to be non matrimonial, particularly if the pension fund holder was married to someone else before. With the passing of time where any asset originated from becomes less important. However when there is enough wealth to meet the needs of both parties an exceptional contribution from one spouse may justify a larger share in that spouse''s favour.

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