Pension, where to go?

Hi,

My other half and I are still married, 28 years, we've been separated for 9 years. OH moved to Scotland at that time, I'm still in England. Our children are grown up and the house was sold at the time, profit split 50/50. We have four children, two of which are biologically mine, the other two I raised as my own from toddler age.

My OH worked for a Barclays Bank, middle management for 10 years, and had a very good pension. I worked around our family as the main care giver, as did my mum who helped us a lot. In fact without her my OH wouldn't have managed to do the degree and climb the career ladder.

We are both 55 now and my OH can now draw on the pension. They have applied for divorce through Scottish Law but haven't disclosed the value of the pension. I don't have a pension and I am now living in rented accommodation, even though I am working I am struggling to make ends meet. I know my OH is now living mortgage free.

I just want the divorce to be done and have some of the pension. I can't afford any legal help so I am doing this myself. We are not in communication and the marriage ended acrimoniously, they had an affair. All that is behind me now. I'm considering writing and asking for a lump sum so we don't have to disclose anything (I have no savings, only an overdraft!). Or should I pursue the pension pot?

Any advice greatly received. Thank you.

Any Barclays Bank employee who worked there whilst they offered Final Salary schemes have been contacted in recent years and offered lump sums to buy them out of the scheme. Even those with only say 10 years membership are being offered very large sums (anecdotally I know of 3 people who weren't even middle management but with 10 years or so employment and they were offered between £600k - £1m+ to leave the scheme and they backed up that other ex-colleagues were all being offered an exceptional amount). It could certainly be worth pursuing with the amount of money potentially involved

They have applied for divorce through Scottish Law

Under Scots law, all issues relating to the finances (and dependent children) must be resolved before being able to make an application for divorce. Where there are outstanding issues that are not able to be resolved between the parties, a Writ would need to be submitted to the Sheriff Court so that a Sheriff can resolve those issues, this would involve a number of different hearings.

It appears that there has been no financial resolution between you and your spouse - I would urge you to seek the appropriate legal advice from a family law solicitor in Scotland as soon as possible.

Thank you Rickoshea,

That's very interesting. My OH has not come up with disclosing the pension, even when requested by my solicitor at the time (last year). Is there I way I can find out or do I have to go through court?

Lisa

Thank you rubytuesday,

I started off with a (Scottish) solicitor over two years ago. I am still in England, OH is in Scotland. Unfortunately I can no longer afford to use the solicitor, in fact I am in debt paying off a loan to which I had hoped would be enough to sort the divorce out!

As stated above I am not in any position to take on a legal representative. I have done a divorce for a friend previously, albeit under English law, where there were children and financial assets to accommodate. I'm therefore hoping I will be able to do my own divorce, I really have no money to take on help.

The house is gone, the children are grown up and have left home, I have no assets (only debts!), it is just the one pension (accrued by the OH) that I am asking to share, OR accept a lump sum and end the process there. I really just want to get on with my life, I've felt I have had my previous life removed and I am just starting to recover.

Can I do this on my own, with a lot of research and hopefully some guidance?

Much appreciated.

You may be entitled to claim Legal Aid as the case is under the Scots jurisdiction - see here for more information www.slab.org.uk/public/index.html

Thank you rubytuesday,

Would I be eligible living in England? My OH is in Scotland and divorce is through Scottish Law.

Lisa