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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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Pre marital and post separation pensions

  • earthsky
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10 Feb 21 #515765 by earthsky
Topic started by earthsky
What are the typical outcomes with regards pre-marital and post separation pensions?

1. Pots that were acquired entirely pre-marital
2. Pots that were started before marriage and ended during marriage
3. Pots that were started post separation

I know that these are all up for grabs if there isn't enough pension to go around. I'm not sure what is deemed enough pension though!
10 year marriage, both parties have over 20 years working life left to accumulate more pension.

  • wikivorce team
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10 Feb 21 #515767 by wikivorce team
Reply from wikivorce team
There is not one simple rule or standard that is always applied.

But as a guide - given the 10 yr marriage:

1) Pre-marital pots are up for debate (sometimes shared - sometimes not).
2) During marriage pots will typically be shared or evened up.
3) Post separation pots
3a If period of separation is short (1 or 2 years) then typically treated as part of the marriage (due to CETV figures used being those at time of negotiation or court hearing)
3b If long period of separation (e.g. 10 years) then depending on circumstances and the rest of the pot - these long term post separation pensions may or may not be shared.

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