A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Scotland - can she ask for his pension up front?

  • Brookwood
  • Brookwood's Avatar Posted by
  • New Member
  • New Member
More
24 Sep 12 #357680 by Brookwood
Topic started by Brookwood
My partner has not lived with or been involved with his wife for over 15 years. He''s told her he wants to divorce her, and rightly told her that she''s entitled to some of his pension accrued whilst they were married and together. He got a valuation of the pension and showed her the figures.

She now says that she will only go through with the divorce if he gives her her share upfront in a lump sum.

Is she entitled to do this? She has access to legal aid, so is quite prepared to get a solicitor involved. We want to avoid getting involved with a lengthy and costly legal battle, as we would have to pay for legal advice.

Any ideas?

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
24 Sep 12 #357685 by rubytuesday
Reply from rubytuesday
Welcome to Wikivorce.

She would only be entitled to a share of his pension that had been accrued during the length of the marriage, up to the agreed date of separation.

A pension sharing Order will divide the pension and allow a specified portion of that pension to be transferred to the other spouse; this will come into effect at the date of the Decree being granted.
It is important to note that only those pension credits accrued during the length of the marriage, and up to the relevant date (of separation) will be subject to a PSO – this is because any pension accrued prior to marriage, or after the date of separation is not deemed a marital asset.

A PSO can be achieved either by way of a Court Order, or by a qualifying agreement, pension sharing is expensive, and in instances where the CETV is of a low value, it may be wise to consider off-setting the share of the pension due to the spouse against another marital asset, as the costs of implementing the PSO may outweigh the actual sum to be received.

  • Brookwood
  • Brookwood's Avatar Posted by
  • New Member
  • New Member
More
24 Sep 12 #357689 by Brookwood
Reply from Brookwood
Thanks for your reply RubyTuesday. The actual value of the pension is small, as my partner was not paying into it for very long.

As they have been apart for some time, there are no other marital assets to take into account.

We feel that she has us over a barrel really. :(

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
24 Sep 12 #357692 by rubytuesday
Reply from rubytuesday
Would a small one-off lump sum to counter-balance the pension share be "do-able"? This would avoid the expense of pension sharing (and if it''s a small pension anyway, it probably isn''t financially viable to either party to seek a PSO) and mean that you can then bring a close to this situation.

  • tinkerbell123
  • tinkerbell123's Avatar
  • Premium Member
  • Premium Member
More
25 Sep 12 #357795 by tinkerbell123
Reply from tinkerbell123
We did it all through lawyers and I had to give my ex exactly half of my pension in a lump sum now which equated to £42,000 - left me penniless and without being able to afford a home for me and the kids so if you can negotiate a smaller lump sum then grasp it with both hands!

  • Munchbunch
  • Munchbunch's Avatar
  • Senior Member
  • Senior Member
More
25 Sep 12 #357800 by Munchbunch
Reply from Munchbunch
Surely he can just divorce her on the basis of 5 years separated. She can''t contest that.
As for a solicitor for the pension spliting. Worth paying for an appointment to see one if she gets one involved. All depends how much she''s demanding really....

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
25 Sep 12 #357803 by rubytuesday
Reply from rubytuesday
5 years separation as grounds for divorce hasn''t been used in Scotland since 2006, it would be 2 years separation.

How much was the pension accrued during marriage worth (CETV value?)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11