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contesting pension share after 2 years separation

  • islandlover
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05 Mar 13 #382572 by islandlover
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We have been separated fo 2 years now. My husband of 34 years conducted 2 affairs with 2 American women from 2009 till 2011 when we separated. I got the MOA drawn up and signed quickly as I knew when the 2nd American woman came over here my ex would be influenced to change what he had offered me. I got the marital home and we agreed to pension share as he earned double what I earned and would get a very substantial pension. Now as it comes time for the divorce he is saying he was suffering from emotional stress !! when he signed the agreement and since he did not take legal advice he says he did not realise he would be signing over his interest in the house forever more.He also does not want me to have half the pension.There is no truth to the emotional stress as he continued at work without being off at any time brought over the American holidayed in Alaska and continued with his leisure pursuits.What chance has he of getting the MOA set aside?

  • rubytuesday
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05 Mar 13 #382574 by rubytuesday
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Welcome to Wikivorce.

It is highly inadvisable to sign without legal advice, but it isn''t a requirement that someone gets legal advice before signing.

However, he could ask that certain clauses within the SA are revised due to his alleged emotional stress at the time and the fact he didn''t seek legal advice prior to signing.

Without more details, it''s difficult to comment further, sorry.

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05 Mar 13 #382608 by islandlover
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it seems unfair that you pay a lot to get a moa put in place and it can be overturned just because he is having to spend an awful lot on his gold digger partner.He was told he should take on a solicitor but didn''t want to pay for one. I took the necessary steps for my financial security and now find I have to pay a lot of money for my lawyer to send letters telling him that the Agreement is binding and just because he has changed his mind 2 years down the line doesn''t mean he can get what he wants. He offered me the house and half the pension probably through guilt at what he had put me through over a period of 3 years.I just wish we had split everything at the time - I wouldn''t then have had all the lawyers fees and emotional stress since ......it seems the guilty win ..

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05 Mar 13 #382650 by Fiona
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It isn''t easy to have a Separation Agreement set aside, particularly if your solicitor wrote pointing out your husband should seek his own legal advice or there is no medical evidence to back up his claim of stress.

However a separation agreement can be set aside if it isn''t fair and reasonable. For example if the whole of a pension fund was shared equally rather than the part of the fund accrued during the marriage or equity, savings, investments or any other property held in joint or sole names wasn''t shared "fairly" (i.e. according to the principles set out in the Family Law (Scotland) Act 1985) a court could set aside the agreement.

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06 Mar 13 #382843 by islandlover
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Thanks for that info.There will be no medical evidence -that''s for sure.It was pointed out in every letter from my lawyer that he should seel legal advice but he chose not to. When we knw e were separating he knew that in Scots law everything would be shared 50:50 as i told him that I had researched it. It was him that offered me the marital home and half his very substantial pension which I was of course not going to refuse but it was his offer and he was under no pressure from me to make this offer. We shared investments but he kept the larger Isa which we had and all of his shares which we never really found out exactly how many and what they were worth.
The reason he is changing his mind now is my lawyer advised me not to sign for the quickie divorce as the supplementary pension agreement had not been signed.Because of this she was deported as they were supposed to get married in 2011 and it couldn''t happen as I had stopped the divorce after one year of separation and so she didn''t fulfil what she had written on her permanent visa form.
I suppose it all depends on if the court looks upon what he offered me as an unfair share?

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