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DIY Divorce - will it ask for pension details

  • Zoe123
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21 Aug 11 #283972 by Zoe123
Topic started by Zoe123
Husband wants to do DIY divorce to keep costs down, will it ask about pensions? I think he wants us to say we agree a lump sum and that's it. If we don't mention pensions will it be asked about?

Regards
Zoe123

  • NellNoRegrets
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21 Aug 11 #283979 by NellNoRegrets
Reply from NellNoRegrets
There are 2 parts to a divorce, the actual ending of the marriage, leaving both parties free to marry again, and the finances.

The actual divorce is fairly straightforward if you're in agreement.

As for the finances, whatever you and your husband decide will be looked at by a judge who will want to see that it is fair to you both, before it will be accepted. This is generally done before the Decree Absolute is given, but it is possible to do finances after the divorce has been granted.

So the question is, I suppose, what does your husband mean by a "lump sum" and will it be fair? Pensions are part of the marital money pot and should be considered. It's possible you can increase your lump sum in return for letting him keep his pension. It all depends on how much money there is to divide between you and how much you both need to set up home separately.

You can decide between you (although a judge will want to know you've had legal advice) or go to mediation, both of which are cheaper than fighting about it in court with barristers.

Do you have children? How long have you been married and was there any co-habitation before the marriage?

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