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can a pension get ignored? what if remarry

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20 Jan 10 #178277 by GD1
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Can anyone give any advise.
Going through divorce and have Nisi only. Can't agree financial settlement as ex wants my pension taken in leaving me with nothing and I disagree. I have 24years to go until pension age and she has 30 working life years. She has very good career along with earnings and the potential to well exceed me. She plans to marry this year and new partner is financially comfortable. Any advise?

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20 Jan 10 #178279 by dukey
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Have you thought about talking to a mediator, its their job to resolve issues like this,

Depending how old you both are the court may not be keen on pension sharing,

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20 Jan 10 #178280 by GD1
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it hasn't been mentioned yet as neither has actually submitted it to court? would mediation get offered if it was submitted?

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20 Jan 10 #178281 by GD1
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oh and she is 36 and i am 41

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20 Jan 10 #178284 by dukey
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If either apply for legal aid then mediation is required, if not then you can pay for mediation, providing you both can sit and talk and listen to what the mediator advises it can save you both a small fortune.

At your ages i`m not sure court would be keen to order pension sharing, the pension values are still a factor and need to be considered but don`t actually need to be shared.

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20 Jan 10 #178287 by GD1
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could you explain that a little more. my pension figure has come in at £40k and currently her is only £5k as she stopped it we when separated. this is what she is using to wipe out my share...as in my pension is more that half the remaining assets! my argument is that she has massive potential for a pension and is in a very good employment position etc. she also plans to remarry in spring which changes things again

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20 Jan 10 #178289 by dukey
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If the values you give are CETV of the pensions in the big picture they have very little value, a pension is not a liquid asset so if your pension is valued at 40k CETV it is not worth the same as say 40k equity in a house, one reason being it cannot be sold for cash, also also the pension is of no use for in your case many years to come,

You are both to young and the pensions have low value for this to be an issue worth arguing over, it will cost more in fee`s than they are worth,

One other point if your wife marrys again after Absolute and with no application for Ancillary Relief having been filed at court, she may not be able to make an application to share your pension anyway.

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