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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.


Suspected lies on D81 form

  • Adgjl
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27 Oct 20 #514600 by Adgjl
Topic started by Adgjl
Is there anything I can do to raise a suspected lie on a D81 form. It’s a pension value and it looks vastly under stated less than 50k pot for final salary pension fund for someone who’s worked 25 years.

  • hadenoughnow
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29 Oct 20 #514623 by hadenoughnow
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You should not agree a Consent Order unless you are confident that you have been provided with the correct information on which to base a settlement. If you are not you should ask for documentation to prove what is being claimed.

Hadenoughnow

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01 Nov 20 #514633 by Adgjl
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Thank you. We made a separation deed which we both signed before the divorce. This deed didn’t contain any specific pension information. It is only now before the Consent Order goes before a judge that this information has been made available. Can I challenge the separation deed even though I signed it?

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01 Nov 20 #514634 by hadenoughnow
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A Separation Agreement is not legally binding. If something has changed or was not disclosed it can be superseded.

Was the agreement properly drawn up? It should have been based on full disclosure.

pension sharing is enshrined in law. How pensions are shared can depend on the length of the marriage. In a long marriage, the presumption is that pensions will be shared to give equality of income.

Hadenoughnow

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01 Nov 20 #514635 by Adgjl
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It was drawn up by the spouses solicitor, I didn’t have legal advice because we had verbally agreed not to.

There is a statement saying we did not disclose our financial situation but we agree to be bound by the deed. There is also a statement saying we both have pension provision.

My income will be substantially less at retirement. Am I able to change the terms of the agreement? We are now divorced and I’ve been asked to sign the Consent Order, do I have to?

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01 Nov 20 #514636 by mirage63
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Final salary pensions are often under valued. How has the pension share been calculated? Have you had both CETV? Is the share based on both pensions added together and then divided in two instead of income equalisation?

My partner has had his calculated by adding his and the exes pensions together and divided in two which I am not happy about but his solicitor is. This means he is required to give her around £50000 whereas her final salary pension (NHS) is actually going to be more than he will receive during retirement, not to mention 3X lump sum payment and his loss of half pension for life if she died whilst still married.

I would insist that both pensions are valued by CETV and then an actuary should value them based on income equalisation. This will cost but could mean a fairer distribution of assetts.

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02 Nov 20 #514641 by Adgjl
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I’ve decided not to sign the consent form. Should I get a solicitor to negotiate for me should that be my next step.

I feel as I signed the separation deed I don’t have a good place to negotiate from.

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