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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.


Help! What does this mean?

  • buzyizzy
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31 Aug 12 #353082 by buzyizzy
Topic started by buzyizzy
We note that you are seeking a 50% share of our client’s pension. However, it is clearly necessary to calculate your share or the pension by dividing the number of marital years by the number of years which the pension accrued. You may then have an entitlement to one half of the scheme. Do you agree this approach?



I received the above from his sols just now. Does it mean that for the 18 years we were together (21 years married, as 3 years separated thanx to him) I get half of his pension? I think he has lots he is hiding, see my other post, I think I should drag it all out at the FDR. What does everyone else think? If the current CETV is £460k, what difference would this make to my share?

  • MrsMathsisfun
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31 Aug 12 #353087 by MrsMathsisfun
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My partners solicitor seemed to suggest it was pretty standard practise for only the years of the marriage to count when dividing up a pension.

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31 Aug 12 #353088 by buzyizzy
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Ah, but that''s a lot less isn''t it, and presumbly it only counts the years we were together, not the years he''s spent faffing about!

  • MrsMathsisfun
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31 Aug 12 #353092 by MrsMathsisfun
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He might have a case for excluding any pension accrued since separation.

The actual share will take place once the financial stuff is finalised. So in effect you would get approx 42% of the value of the pension on that day.

  • perin123
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31 Aug 12 #353098 by perin123
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Mathsisfun wrote:

My partners solicitor seemed to suggest it was pretty standard practise for only the years of the marriage to count when dividing up a pension.


Sorry to hi jack this thread but it may help me as well.

Does this take into account separated years as well?

In my case we lived together 13 years then got married and were married 6 years but 2 of those we were separated?

  • maisymoos
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31 Aug 12 #353102 by maisymoos
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You may choose to agree that this is a fair way to deal with things, although it really depends on circumstances and the rest of the asset split.

I was granted 50% of the pension pot including years accrued prior to cohabitation/marriage and since separation. He was offering only 25%. The judge in my case did not exclude any years!

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31 Aug 12 #353104 by sillywoman
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I too got 50% up until Absolute date. We had been married 16 years, lived together 1 and he was in the job 10 years before we married. So I got 50& of 28 years.

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