Thank you. I suppose it would be a Mesher order, sale triggered in 7 years. House already paid for. It’s very difficult to work out what is fair and he’s changed his mind about giving me 55% of the house because that would mean I get 10% more of the house than him. Calculated the difference in the pensions to be around 5.7% equity but that is only rough because he’s not including his current NHS work pension and is refusing to get a CETV for it because he’s only been there 4 years and says it will take months to come back. I know I get more money each month but I look after our 3 children. Also bearing in mind that the house needs a lot of essential work (£15,000 minimum) that I will be paying for but he has to wait 7 years for his money from the house. What would be a broadly fair percentage?
A CETV is required for every pension as far as I am aware. When it gets to solicitors being involved (if they are not already) and form E exchange, he'll have to provide a CETV, even if the pension is relatively small.
He's got a solicitor and we're not completing form E, only a Statement of Information for a Consent Order in Relation to a Financial Remedy which I think is a form E1 and it doesn't ask for any supporting documents
Have you got a solicitor? With 3 children and a large pension differential I would suggest it would be a good idea to get legal advice. form E is the form which should be completed by both sides for financial consent as part of a divorce. Form E1 does not include a requirement to disclose pensions as it is only used for "other financial remedy" i.e. not the primary application for a financial Consent Order. The court would no doubt reject a form E1 in this situation. A family law solicitor will be able to advise you but I don't think Form E1 will get you very far. Suggest you get legal advice asap.
Thanks. I have had a bit of advice from a solicitor and they said 55% of the house would be reasonably fair, without the exact figures for him. Really don't want a court battle which is what he's threatening unless we settle this quickly and says i will end up paying all the costs. Will ask him to speak to his solicitor to see what they think