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HELP! - 1st time user very confused

  • hammers1
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12 years 3 months ago #44364 by hammers1
HELP! - 1st time user very confused was created by hammers1
First time on here so hope this makes sense.

Separated from wife in Aug 07. FMH was sold and she kept all equity. Equity was put towards a forward purchase for a house with her parents. I have never seen any proof of what happened to monies given to her.

I pay required and agreed CSA guideline maintenance for son.

We have one endowment which although in joint names she has never contributed to. I have a good company pension (emp for 20 years with same co) and she has no pension provision.

I work full time, she works part time.

At the moment she is wanting 50% of the value of the endowment which still has 11 years left to run and 50% of my pension on top of 100% of house sale equity already received. She is not willing to negotiate on anything financial or with regards to our son.

Have spoken with wikivorce lawyer for 30 mins and they suggest using them but am worried about cost as finances are tight. Is it a good idea to start the proceedings myself? Have looked at D8 form and got stuck on the Ancillery Relief - don't know what orders I want??

Can anyone help on what she may be entitled to with regards to pensions/endowments and should I start D8 or would that complicate matters if sols need to be instructed??

Thanks in advance

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  • downbutnotout
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12 years 3 months ago #44369 by downbutnotout
Replied by downbutnotout on topic Re:HELP! - 1st time user very confused
Hi,

Can anyone help on what she may be en­title­d to with regards to pensions/endowments


That is totally dependent on the values of these items - which you have not provided. (e;g; if the house equity was 5k and your pension is 200k then yes of course she will want a big chunk of the pension...if the house equity was 500K and your pension 100K then no she wont get any of the pension). So you see we cannot possibly guess with so little info provided.

The D8 form kicks off the divorce itself - ie the legal separation. Doing this yourself is quite feasible. Or you can use the Wiki fixed price services.

The process to resolve the financial dispute is more complex , uses different forms and can cost 10s of thousands to complete. This is where most people need legal advice / support, although some do still choose (or are forced through lack of money) to self represent.

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12 years 3 months ago #44370 by hammers1
Replied by hammers1 on topic Re:HELP! - 1st time user very confused
thanks for the answer - sorry didn't know exact figures would be needed

House equity was £98,000
Endowment info has been sent to me with £16,000 surrender value

Am waiting on pension figure, will post when I have it.

Thanks again for any help

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12 years 3 months ago #44371 by downbutnotout
Replied by downbutnotout on topic Re:HELP! - 1st time user very confused
Ok,

well the courts would look to share all this equity out fairly.

For many that means a 50:50 split.

For others (eg where one has a much better salary than the other and especially where the lower earner has kids to care for) the split can be 60:40, 70:30, 80:20 etc.

Until we know the pension CETV i still cannot say if she is likely to get a share.

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  • NellNoRegrets
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12 years 3 months ago #44376 by NellNoRegrets
Replied by NellNoRegrets on topic Re:HELP! - 1st time user very confused
If your wife isn't willing to negotiate over finances I think you will have to retain a solicitor.

There isn't a set formula to sort out these things. The courts will consider a home for your son and then things like how long you've been married, your joint earnings and likelihood of your wife working fulltime in the future etc.

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12 years 3 months ago #44386 by hammers1
Replied by hammers1 on topic Re:HELP! - 1st time user very confused
Thanks for the replies.

Can anyone tell me where I can look for information on what the ancillary relief options actually mean so that I can work out which ones I do want to apply for and which to ignore?

Im finding the section on the D8 confusing as it seems to be worded towards a situation of my ex applying for the divorce (as she looks after my son) and not me.

Cheers

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12 years 3 months ago #44417 by daisybell
Replied by daisybell on topic Re:HELP! - 1st time user very confused
hi how old is your son, im in a similar position, my son is now 17yrs was with ex at first but now hes with me, ive offered ex the mh she accepted then changed her mind now wants half of pension as well, we are at court end sept sorry i cant help you as im in more or less the same position, good luck, dave

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