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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.


Pension v payment of capital sum

  • diynotforme
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19 Jan 13 #375235 by diynotforme
Topic started by diynotforme
Advice needed:
Scotland
With all said and done i have no issue with the fact that I am due a balancing payment sum. I have been offered a discount of 20% if I pay capital as my ex solicitor is not interested in pension rights.

Do I have to concede and give my ex capital from proceeds of sale from our house rather than part of my future pension. I am concerned that if I give her capital I will leave myself "very short" in terms of putting down capital for a new mortgage. whereas my wife has already bought a new house (with family money) i am in rented and hope to buy a house for my self and for my children. I have received a letter from my ex lawyer stating that if I don''t agree to paying capital as soon as the house is sold they will consider a divorce action against me for payment of a capital sum. Sounds like bully tactics to me but thought I''d check.
Secondly - if I transfer pension rights would my wife have to wait till 65 to claim the pension? This could explain her solicitors insistence on capital.

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