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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.

 

Splitting pensions fairly

  • Preston2907
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19 Jul 24 #523544 by Preston2907
Topic started by Preston2907
My ex partner and I separated in July 2022. We were married on 28th July 2015. We are both female, we both worked and on average earned the same. My ex partner works for the NHS. I did not know they were not contributing to their pension and as a result their pot is much smaller. Is there any case law relating to the choice to not contribute even though always working and how that is accounted for? There are no children and no one had to not work in the relationship

thank you

  • hadenoughnow
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21 Jul 24 #523555 by hadenoughnow
Reply from hadenoughnow
Did you live together before you married?
What other assets do you have between you?
What are your ages and incomes?
Are there any debts/loans to consider?
How much are the pensions worth (CETV)?
The pensions need to be seen in the context of the whole financial picture. Arguably you both benefited from the money that didn't go into the pension. It may be possible to offset disparity in pension provision against capital assets - ie swap future pension for cash now.
You could argue that only pension accrued during the relationship should be considered as part of the matrimonial pot. Depending on the size of the pot, you may need an actuary's report.

Hadenoughnow

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