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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Firefighters Pension / Divorce

  • FFwife
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06 Dec 23 - 10 Dec 23 #522141 by FFwife
Topic started by FFwife
I have been separated from my FF husband for 5 years, he could have retired from the fire service 4 years ago on full pension but chose to continue working ( he is a manager rank & has been for many years).
He now wants to retire with 34 years full service.
when we separated we had an informal agreement that I would keep the house ( mortgage free) & I wouldn't go after his pension. He signed the house over to me 3 years ago.
He has now gone back on what we informally agreed & wants a divorce, he wants me to just keep the house & sign away all rights to his FF pension & lump sum.
I have some pension as I have always worked but they are only worth a fraction of his. We have been married 29 years & separated 5 years ( 24 years together married).
we have 4 children, 3 are adults & no longer at home & I have the youngest 17 living with me & in f/t education.
I want to go via a solicitor to make sure the financial order is done fairly & we both walk away with exactly what we are entitled too as part of the marital assets including the house ( which I know still forms parts of marital assets despite being in my name).
I don't know why he is not wanting to sort the financials out properly?
Anyone got any experience of FF pensions & this type of situation? TIA
Last edit: 10 Dec 23 by divkickstart. Reason: Spelling error

  • WYSPECIAL
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09 Dec 23 #522143 by WYSPECIAL
Reply from WYSPECIAL
In what way has he gone back on what you informally agreed?
You keep the house, he keeps the pension.
Without details of all assets and incomes no one can comment on whether or not that is fair.
Whatever you do decide you need to get it formalised by a court.
Where has he lived for the last five years?

  • hadenoughnow
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09 Dec 23 #522149 by hadenoughnow
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Any settlement should take into account your respective needs for housing and income now and in the future. You may need to consider a sale of the FMH to provide him with capital to buy a place. On the other hand he may be due a substantial lump sum on retirement as well as pension income. The start point for division of assets is 50:50 but that's often not how it ends up. Even if capital is divided unequally there can still be an equal pension share based on income in retirement. Your contribution is considered as equal and it is recognised that your ability to work, earn and build pension may well have been impacted by child related responsibilities.

It really is impossible to advise without knowing more. You need a CETV and ideally a statement of benefits for all pensions. It is probably worth asking the pension scheme to complete a Form P which includes all this. The FMH needs to be valued. It may well be that the pension is considerably more valuable than the house. Why not suggest you both provide full financial disclosure? Perhaps a voluntary form E? This really is what you need before anyone can advise, including a solicitor.

It may be worth suggesting mediation and/or him getting some legal advice of his own.

Hadenoughnow

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