What to do now!

Hi everyone!

I have been separated for over 2 years now and think the time has come to get my divorce as my new partner and i have just bought a house together.
When my ex and i got separated we had the same solicitor, which at the time i thought was a good idea, kept things amicable etc. However, i was not told that i was entiltled to a share of my ex's pension and signed away happily in ignorance, being assured that the sol was doing his best for us both.
We were married for 13 years and have 2 children together, aged 11 and 14.
Do i have a claim now and if i start divorce proceedings how much will it cost me?

Many thanks for any advice!

Hi

Welcome to Wikivorce.

Im a little surprised that you both used the same solicitor - its unethical as the same solicitor is acting for two parties who are "arguing" against each other - a conflict of interests.

Regarding the pension - you would have been entitled to claim on the pension accrued during your marriage. 13 years of pension is a lot to sign away.

Did you have a Separation Agreement that was registered in the Book of Councils? It is very difficult to overturn a clause(s) in a SA - there is only limited scope for changing the terms of a registered agreement. For example, it's possible to vary the arrangements made for the care of the children and to vary the arrangements made for the payment of maintenance for a spouse and/or children if there is a change of circumstances. Otherwise the provisions of the agreement can only be challenged if it can be shown that they were not fair and reasonable at the time they were entered into.

You may find that it would cost more to take this to court to have the SA overturned (or the clause(s) relating to pension share than the actual share you would receive. It would be worthwhile seeking independent legal advice (not the sols you previously engaged!).

As you have children under 16 you will be required to use the Ordinary Procedure. After 2 years non-cohabitation you dont require your spouse's consent to divorce. More information can be found in our step-By-Step guide
www.wikivorce.com/divorce/Scotland/Scotl...ng-The-Marriage.html

I cant remember the exact figure for court fees for this procedure, I think its approx £130 (?) - in any case you are usually required to engage a solicitor for this process - but as you have been separated for over 2 years, the actual divorce part wont be too much.

Hope this helps

Ruby

Thanks for your reply.

Yes, i know now that i was very silly, but as i was with him from the age of 16 i listened to and believed his every word. i left all the contents of my home also, which isnt an issue now, its only stuff!

I do have a separation agreement and im sure it says i have no claim in the pension. i feel an Absolute fool now! I feel that i was well n truely stitched up!

Also could you tell me if maintenance goes up every year as i have heard this but have had the same figure since i left.

Dont feel silly - its not your fault.

Read your SA again, and find out what it says about the pension - just to be sure.

Maintenance, is this child maintenance? It depends on if it is a agreement between yourselves or via the CSA. You can apply for an increase (or decrease) if you feel that the current amount isnt covering what it is meant to. But Im not aware that it automatically increases each year.

Its child maintenance, we agreed the amount between ourselves.

The SA says i cannot claim anything now I didnt think at the time that there was anything i could claim for. So beware everyone!!

Well i think i shall just go ahead and start the proceedings and leave things as they are, im in no postition to pay any legal costs to fight a claim (and he knows it!)

Thank you so much for your help

Call the CSA to ask them how much you would be entitled too. After an SA has been in place for one year you can engage the CSA. They will take over. They track via the P60 and P45 of the none resident parent. If you are entitled to more they will tell you. If you know roughly what his take home pay is go on to the CSA website it will give you a rough amount of what he should be paying.

Please though do not use the kids against him to get more money. If he has them for two or three nights a week keep it like that. The extra money you get is not worth playing around with. My experience coming out

Good luck.

J2o wrote:

I do have a separation agreement and im sure it says i have no claim in the pension. i feel an Absolute fool now! I feel that i was well n truely stitched up!

As rubes says...conflict of interest and unethical for one sol to represent both parties...and the sol would definetly have been aware of this...who first instructed the sol..no need to answer as it is obviously the party that has walked away with their pension intact, etc!

Whilst it it difficult to overturn a SA, its not impossible. Whilst it is expensive, not so if self repping However in your situation I would be raising a complaint with the LSC as this sol clearly should be held answeable as to their representing opposing parties of the same action. Their answer would make good reading!

To raise a complaint in this way is less expensive than raising a court action to overturn a SA...and the responses/excuses/reasons given will at best be light entertainment/whitewash

E