Salary versus Pension

Any thoughts on a financial settlement where the judge split the pot down the middle? The pot included the husband's CETVs, but did not include the wife's salary.
The relevant facts are that the husband is drawing his pensions (he has retired) while his wife is working, and receiving a salary almost exactly equal to the total of his pensions. She is likely to continue working for 15 years.
In other words the husband's income went into the pot, but the wife's did not.

Interesting. Anyone help??

I (the husband and respondent) am in exactly the same situation.

1. The first offer from the petitioner's side included using one of my CETVs to balance the books.

2. At the final hearing the judge took a different line and, without relevant comment, left me with all the pension funds.

3. However the judge penalised me on certain grounds and I sought a second opinion regarding the possibility of an appeal. In discussion this advocate opined that, as the pension funds were now my income, it would be wrong to put any of the CETVs into the pool for division.

Note that this was not an issue that I had raised, but that is what she said. She seemed better researched and more thoughtful than a previous, contrary, opinion.

Hope that helps. I am willing to discuss if you e-mail me: This email address is being protected from spambots. You need JavaScript enabled to view it.

By the way, I am in the jurisdiction of the Bailiwick of Guernsey but both the law and practice are close to that of England; thus we will be getting advice from an English Counsel on the substantive point of appeal.

Papillion

I am surprised that you say that Guernsey law is close to English Law. My rather limited experience (albeit of cases under Jersey Law) is that although some of the principles are similar, the approach that the courts take to Ancillary Relief is VERY different.

Peter.

Hi,

I cannot comment on Jersey law, except to make the general remark that, being closer to Normandy, and being more populous, they retain the Norman French influence to a greater extent in some areas of their culture.

Only in the last month, for instance, we have thrown out the old laws of inheritance for something that will look awfully like the English ones.

My comment was broadly based inasmuch as I noted that English (as well as Guernsey) case law was being quoted throughout the hearings.

Regards,
David

The thing is you cannot just look at the pension situation in isolation. What was the division of other assets? There is clearly a disparity in ages, what is that? What about the length of the marriage, children etc?

Was it a straight 50:50 split of the pension or was it divided to provide the same income for each party on retirement? Did she have other pension provision or sufficient income to build up pension of her own?

Presumably the pension in payment was more than sufficient to meet the husband's needs - if it was not I cannot see a judge would have ordered a split that would throw the husband into poverty ..... (although I guess they might )

Hadenoughnow