Financial proposal. Urgent

MYO,

Given that you are at proposal stage, what have you to lose by including this issue ...if its a marital asset it should be on the table for consideration anyway...pensions are a sore point for me in that I was willing to ignore them and amazingly the ex's sol procrastinated our divorce for years to contest this providing me with more ...sorry I digress...Is this sum important to YOU? What will it cost you to include this sum? Can this sum be offset to your advantage...it does not always "pay" to include such...but it also does not pay to exclude ...no two situs are the same and IMHO, if it will not procrastinate matters, include the issue...you have nothing to lose by doing so? Being reasonable apparently wins you no favours in the war game of divorce!

E

Thank you Elle for your response.

I'm I right then in trying to claim "25%" of the difference in the pensions or will I be muttering utter rubbish and be told by my solicitor the difference is too small to make any claim and not appropriate in those circumstances.Or even be told where the 25% idea has come from. Well from the pension forums.

But still confused!

MYO

25% came from the case Maskell v Maskell when it was said that a pension is not the the same when offsetting against liquid assets as it cannot be converted to ready cash and the 25% related to the lump sum. Nothing was said about what should happen about the remaining 75% and the couple went away to negotiate an agreement so there never was a final ruling.

In England & Wales pensions have to be seen within the context of the overall settlement and the duration of the relationship, your respective ages and the number of years before retirement are particularly relevant.

MYO,

You will always be confused when looking at divorce and Law:( ...whats important to one is trivia to another...when I was asked to forego yet another "de minimus" sum....I put said sum in ratios to the Lord sitting...said sum was at the time equal to my annual income and bless him, he was not willing to class his annual income as de minimus and so held my ex's sol could not do so to me

The Law is great when applied as intended....and that is often not the case as in the main the one applying it has little to lose and pockets are lined whatever the outcome...yes there are procedures and such...but they are not always best/correct/etc

E

Thank you everyone for your feed back. I think I will try and negotiate some of the difference considering it was a long term marriage. Even more disheartning is that my biggest pension was accrued outside of the marriage.

Every little helps and my situation is not good when the MH is sold.

I will keep you informed

MYO