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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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Another Army Pension Question

  • penny10p
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05 Oct 12 #359387 by penny10p
Topic started by penny10p
My ex left the army about 2 years ago and has been receiving a forces pension ever since. He got a CETV (or the equivalent) and we agreed a financial settlement which was basically that I would get a percentage of his pension as a pension share. For various reasons it has taken ages for this to get to court and the Consent Order is still not approved. My question is this: as he is already receiving his pension is the pension pot getting smaller? Will I get a percentage of a the smaller pot, in other words less pension than I would have got if this had all been resolved 2 years ago? He thinks that it makes no difference to the amount I will get. Oh the other hand it benefits him to delay things because as soon as the pension share is implemented his pension will be reduced by the agreed percentage. Has anyone been is this situation and can enlighten me?

  • dukey
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05 Oct 12 #359407 by dukey
Reply from dukey
I can understand your logic but don`t worry you wont be disadvantaged in the way you think.

So the way your thinking the pension is a bucket of water with a small hole in the bottom, the longer it takes to share the less you get.

Its not the case though, think of it more as a bucket of water that gets topped up as long as its needed, its the beauty of final salary pensions.

  • ian conlon actuary
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05 Oct 12 #359428 by ian conlon actuary
Reply from ian conlon actuary
The amount of pension you get from say a 50% share will depend upon a number of factors.
Firstly the CETV (the % share is appleid to the CETV). The CETV will have reduced at the point that your husband retired due to him taking a cash sum.
The CETV will reduce gradually over time as your husband ages as it represents the value of future pension payments.
Further, the amount of pension provided to you per £100 of pension asset transferred to you reduces over time the closer you get to age 60.

  • penny10p
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05 Oct 12 #359451 by penny10p
Reply from penny10p
Thanks for the replies Dukey and Ian. I think you are contradicting each other. I''m hoping Dukey is right and it isn''t 50% of a reducing CETV!

  • MrsMathsisfun
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05 Oct 12 #359484 by MrsMathsisfun
Reply from MrsMathsisfun
Sorry Penny, think Ian is right not Dukey!!

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05 Oct 12 #359491 by dukey
Reply from dukey
Do you, ok, so lets take a look.

The pension is in payment so Ian`s valid comment on reduction due to draw down is not relevant.


They have an agreement which is to be sealed, so we are talking weeks not years, in which case the "pot" will not reduce, it takes time to dissipate.

If the pension was not in payment no agreement existed then i suppose there would be cause to worry, given the lump sum was payed an agreement is in place and the order about to be sealed i can`t see any reason to worry.

If i am wrong i have no doubt Ian who is of course the expert here will lick my ar*e until my ears fall off.

  • MrsMathsisfun
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05 Oct 12 #359492 by MrsMathsisfun
Reply from MrsMathsisfun
I stand corrected I thought I read that the pension was now in payment, but wasnt when the original agreement was made!!

Friday afternoon skip reading any more excuses I can think of!!!

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