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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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Police pension after short marriage

  • vidavooz
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19 Sep 12 #356733 by vidavooz
Topic started by vidavooz
Hi - I have read the police pension thread above and some of it has been very useful. However, not found anyone is same situation as ours.

My partner is currently trying to divorce his ex. It was a second marriage and they were married for 4 years. Both have grown up children from previous marriages but he still pays maintenance to his first ex wife :blush:for one child in full time education. He is due to retire in 4 years on Inspectors pension. He has a property with about £20,000 equity in that he has owned for many years and rents out to cover the mortgage.

She has a decent job with income of around £2000 per month. When they were married she brought a house which they lived in until they split up - it has about £70,000 equity in and is currently rented out.

She seems to think that she can make a claim on his pension and house, and that he will have to pay both hers and his legal fees if she goes down the legal route.

This cannot be right?! Surely if she was able to make claims on his pension he would therefore be able to on her house?

Thank you for any advice you might be able to give.

  • maisymoos
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19 Sep 12 #356737 by maisymoos
Reply from maisymoos
This is a short childless marriage, it would normally be the case of what you brought in you take out.

  • ian conlon actuary
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20 Sep 12 #356839 by ian conlon actuary
Reply from ian conlon actuary
Fair case to make that the proportion of pension accrued over the marriage is taken into account.
Ian

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20 Sep 12 #356842 by vidavooz
Reply from vidavooz
Thanks Ian, but if she made a claim on his pension couldn''t he on the house that they lived in (as said before it was purchased in her name only when they were married and has about £70k equity in it).

How would you work an approx figure for value of pension per year?

Thanks again

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20 Sep 12 #356848 by ian conlon actuary
Reply from ian conlon actuary
Really broadbrush, get CETV and apportion. I''m not saying that will give you the right answer, but it;s a start.

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20 Sep 12 #356855 by soulruler
Reply from soulruler
Well I think that if she wants to make a claim on his pension then from an equitable point of view why would not a court say he has a claim on her equity?

Also is there an age difference and does she not have any pension?

Also in family proceedings both parties generally pay their own legal costs (unless they self represent)

I think going the court route under the circumstances would be expensive and madness. I do hope he can try and get her to get a Consent Order for a Clean Break presumably both parties are getting rental income as well as other income.

Why waste income on expensive legal bills, they have to be paid up front which makes it even more punative.

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