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Lump sum in lieu of pension share

  • braindead
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15 Nov 10 #234990 by braindead
Topic started by braindead
Hi

For reasons best known to himself, my STBX is fighting tooth and nail to keep his pension in payment intact, despite my legitimate claim for 50%.

As a pay-off he has offered me a derisory one-off lump sum and as I am in desparate need of a settlement, I agreed, via his solicitor. I am now Self Rep as my thieving solicitor took all my money in the preliminary stages of the divorce.

He now, 6 weeks later tells me is unable to raise the money and has offered me 75% of the agreed sum. He says he cannot raise any more. He knows I am in dire straits.

It seems to me that the only way I am going to meet my immediate cash crisis is to accept the reduced lump sum, with a promise of a future sum.

Can any one tell me if it possible that I could place some kind of order on his property/other assets for the balance, say to be payable on his selling the property or dying? What are the pitfalls I need to be aware of? I assume it needs to be a % as a fixed sum would lose value over the years.

Any help gratefully received

Many thanks

  • dukey
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16 Nov 10 #235098 by dukey
Reply from dukey
The Consent Order is your safety net, i would state he pays x amount now and x amount on (date), the order will also have the liberty to apply clause meaning if he does not pay on (date) the order can be enforced by court.

If he did die before (date) you would claim from his estate.

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