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Pensions, Savings etc POST separation...?

  • maggieman
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02 Jun 10 #207056 by maggieman
Topic started by maggieman
Hello

I am married 23 years with 4 children (ages 18,18,16 & 14) but have been separated from my wife for over 9 years.
I am trying to get some clarity on whether savings, pensions, inheritance etc that accrue AFTER separation are legally obliged to be shared with your spouse on divorce.
I heard a recent BBC MoneyBox Podcast where the answer SEEMED to be that, where both parties had sufficient funds to be able to support themselves, then such funds would NOT be deemed applicable to have to split/share.
In my own case, since my wife and I separated, she has inherited some money (which I have no wish to claim part of) and I have started a new job with a new pension, which I do not believe I should have to share/split with her. Is the law clear on this? Are there sources to anything that someone can point me to? Searching Google and this site does not seem to have pulled up anything clear... :(

Many thanks!

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02 Jun 10 #207075 by FamilyLawClinicLtd
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I think you question should have been 'should I divorce my wife'?!!

Divorce and financial settlements are a huge subject, and you are asking what the outcome would be, really! Simply put, the starting point (not the result) is 50/50, but often it comes down to is what is in the whole 'family pot' and alot of negotiation. Also, it depends on whether this could be regarded as a 'big money' 'divorce' or not. Preparation and planning could be the key here!

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02 Jun 10 #207085 by maggieman
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Gosh... perhaps I am being naive. I thought this question was part of the "planning".
What I would LIKE to achieve (this is not a "big money" divorce...) is to get as close as possible (perhaps the "whole way") to an amicable agreement with my wife, and then get a Consent Order drawn up by solicitor to make the divorce as smooth and cost-free as possible.

In simple terms, my wife lives in our jointly owned home with our children. It has around £250K equity tied up in it. Since separation, 9 years sgo, I have saved some money, the house gas increased in value, she has inherited some money etc. All the while, I have paid monthly maintenance.

In order to continue initial negotiations with my wife, it would just make things a lot simpler if I knew that assets accrued post separation were "in the pot" or could be put to one side. It seemed that the message was that I could exclude them(from the MoneyBox show I heard) but I wanted to confirm this.

:(

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02 Jun 10 #207100 by FamilyLawClinicLtd
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If your true intention is that, why not offer a 50/50 settlement of the joint matrimonial pot - that would be the most altruistic and 'cost-free' as you could get, wouldnt it? Or, is that going too far?!

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02 Jun 10 #207110 by maggieman
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Well, I guess so, but I thought that might make things MORE complicated. For example, I have no desire to ask her for 50% of what she has inherited (or anything she may have saved, or "won") since we separated, and I would expect her not to ask me for half of anything I may have saved since we parted. I may benefit from taking money off her that her parents passed on, but I would not think that fair on her.

Oh well, looks like it is just a case of negotiating with her. It's just that the pot that we are negotiating over gets more complex (and possibly unfair, in my mind) if we include all that has happened in the last 9 and a half years we have been apart. I had hoped there might have been a clear legal precedent that would have indicated what the situation was...

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02 Jun 10 #207113 by dukey
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Sorry but its not a black and white situation until you have a court approved consent order,

In general if the joint marital assets you had before separation are sufficient to cover the childrens needs and your respective needs court would leave post separation savings and assets out of the pot to be divided but not always it depends on the circumstances of your matter.

For example the judge who ruled on Rossi v Rossi said property acquired after separation but pre divorce (consent order) could be considered not marital providing the property was acquired by one persons work and not using a former marital asset, not word for word but that`s the jist of it.

The best and cheapest option is often to speak to a mediator who will take all the relevant details and help you both reach an equitable agreement.

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02 Jun 10 #207122 by FamilyLawClinicLtd
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I have to disagree about mediation - its pricey. Anyway, so much could change between you issuing divorce proceedings, negotiating and having the court accept your proposed Consent Order - have you got a Will? Have you given her Notice of Severance of Joint Tenancy - assuming you are, of course? Plan, plan, plan!

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