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Financial proposal. Urgent

  • missyoyo
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03 Jan 10 #173280 by missyoyo
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Hi.

I wonder if anyone can help in this difficult area as pensions can be so awkward.
Just about to present a proposal on joint assets. But both pensions are nearly equal so there is no point in doing a pension sharing. There is just a difference of 30k. Mine is worth just over 100k and his is worth just over 130k.Should I totally ignore the difference or consider offsetting a percentage in the difference. If so what percentage of the difference should I consider. I realise pensions are not liquid assets but I'm sure I read somewhere that 25% can be taken into account in the difference for capital terms. This would equate to just over 7k which would help with some liabilities and lack of child support.

I appreciate any advise on this matter as i need to make my proposal and do not know whether to make any reference to the pensions or not.

MYO

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03 Jan 10 #173308 by missyoyo
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Hi again.

If anyone can enlighten me with this I would be very greatful as I don't know whether it's important to include the pensions in my proposal. Proposal due to be sent out tomorrow.

MYO

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03 Jan 10 #173318 by anthony52
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Hi MYY,

I've just started on negotiations after the First Appointment and i'm amazed at how hit and miss it is.

I would not ignore the 30k.

Presumably you have both exchanged form E's and you have a good idea of what capital assetts he has.

Your idea of 7k seems reasonable. It seems that there is a great amount of flexibility availble to the court. But, I think if you do put forward a proposed settlement, it can be quoted later in proceedings, so be careful you don't undersell your needs.

Good luck
A

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04 Jan 10 #173329 by missyoyo
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Anthony thank you for your response.

I am much further ahead than FA and had FDR but I am now looking at a Final Hearing scheduled for mid Feb. My solicitor has asked to put a proposal forward before then and is not giving me much guidance other than the % split on the matrimonial home. She seems to think that as there is little difference in the pensions, they could just be ignored. She has not been great to say the least and don't want to undersell myself in the proposal so that is why I'm trying to find out whether I should ignore the pension difference although small or address it especially as most of my pension was accrued before the marriage. Let alone he is in huge debt of child support etc. Yes it's just a 30k difference but just don't know if this needs to be addressed and how to put it in my proposal.

Thanks for your response and if anyone has anymore ideas please let me know.

MYO

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04 Jan 10 #173355 by missyoyo
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Hi.

Anymore input on this as I'm confused whether I should ignore the pension figures in my proposal.

Thanks

MYO

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04 Jan 10 #173368 by anthony52
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Hi MYY,

As you have added a few details things become clearer.

Idealy, as some of your pension was accrued before the marrriage, that would change things. But in reality, that is not guarranteed if a judge has to make the decision.

I think you need to look at what you 'need' and attempt to engineer a settlement that is fair to both of you and present that to the court. His debts are going to be in his favour.

Good luck
A

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04 Jan 10 #173387 by missyoyo
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Hi Anthony.

Thank you for your response.

When I said arrears I meant that he owes me a lot of child support that he was unwilling to pay so I will need to address this too. I'm just confused whether the difference in pensions although small should be taken into account or ignored as my solicitor has stated. I sort of feel there needs to be some adjustment and present this to my solicitor using the correct facts and terms to back this up. I'm just not sure what percentage (If at all) of the difference I should be claiming to offset against any other asset.Then I can complete my financial proposal.

Thanks for your help.

MYO

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