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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.


Police pension

  • Ridglar
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14 Aug 12 #349465 by Ridglar
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Hi, would really like some advice... I have 4 children and am a qualified teacher. I have been married for 12/1/2 years but separated 2 years ago. By the time I was married we had been together 2 years and had a baby and another on the way. My ex is a police sergeant and has 20 years service . I have sorted all the divorce out and we only have the pension as a sticking point. He is saying no negotiation, I am entitled to 4.5 years of pension- half our marriage from start to separation. I feel that is unfair as I never took out any pension as his was so good and we couldn''t afford it. By the time we were married I had children so I feel starting from then is also unfair. Since the separation I have gone to work full time as he gives me just over 700 a month which is in line with CSA calculations as my fourth child doesn''t seem to count!! I have started up my own pension now. I just feel this is unfair that I am not entitled to more. Is this really the case? He has done a cete valuation for that time period and it is saying I would be entitled to 22k. Does this sound correct? Also, is it not worked out from when we agree on a financial settlement, ie now, rather that 2years ago? I really would like a change of career but feel I have to stay in my job as I have to care firthe children in the holidays which is having an impact on my ability to further my career.
Many thanks for any ideas, I feel very trapped as I don''t have funding to fight my case with a solicitor.

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14 Aug 12 #349468 by maisymoos
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There is no one answer to this as each case is different and would be dependant on the rest of the asset split and other circumstances.

I was awarded 50% of my ex''s pension which included his total pension fund even that accrued before cohabitation/marriage. He wasn''t very happy as was only offering me 20%!! I wouldn''t say this was the norm but if I were you I would certainly be asking for 50% of all pension accrued during cohabitation and marriage, if you were not working or contributing to a pension.

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14 Aug 12 #349470 by Ridglar
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Wow ok... In terms of the rest of the asset split, it is only the house wich has 40k equity minus selling fees. This is all mine rightly as I inherited that ammount and paid it off our mortgage. He only bought debts to the marriage. However I am aware he could ask for half of this equity as both names areon the mortgage. He has been told hehasto keep hisnameonthe mortgage as I cannot afford one by myself and it''s interest only so iameffectivelyrenting.

Is this any help? Thanks so much for advice

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14 Aug 12 #349472 by leanng
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hi

have you both done a financial disclosure. if you haven''t i would suggest you do before agreeing on anything else.

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14 Aug 12 #349476 by maisymoos
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If the equity is the only other asset to divide this makes the pension a valuable marital asset especially as its a police pension where its real value is likely to be more than the CETV . You have 4 children and the need to house them will be the priority. Is the house bigger than required? Are they all under 18?

A mesher order may be appropriate where your ex would get his share of equity when the youngest child is 18. Or you could perhaps ask for slightly less pension and retain the equity.

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15 Aug 12 #349665 by leanng
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for anyone out there in similiar situation.

my ex (similiar profession) has pension with CETV of 262K for 22-23 service. for him to buy me out of 25% share, it would cost him between approx £135,000 - £166,000 in cash as per report requested by us both.

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20 Aug 12 #350712 by Ridglar
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Can I ask how you got it valued? Name of the company? He got his valued through the police but only a small time period. Is it not from the time it gets sorted or is it from when they move out?! Help!!!

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