Pension agreement without judge

Hi, can two parties agree, that ex wife will not take anything from ex husbands pension? Or is it always court that decides on pension? They agreed on money she'd have to pay to husband from property. Amount is much smaller than she should pay him because he wants to keep his large pension. She doesn't have any pension. She is 45, he is 55.

Parties can agree it between themselves but without a court order ruling out future claims there’s nothing to stop an ex from reappearing for more in the future.

You can’t share a pension without a court order.

What you are talking about is called offsetting. Entitlement to pension is swapped for a greater share of capital.

Whether or not this is fair depends on all of the circumstances of the case. It is possible to have and unequal split of capital including house equity and still share pensions 50:50 if needs demand.

Without a legally binding order you will each have a continuing claim. You could have a Separation Agreement drawn up. If this is properly done it could carry some weight in future. It can though be overturned if the agreement is not fair or appropriate to circumstances.

Hadenoughnow

They are going to divorce, why separation agreement? They will have legal agreement signed during divorce. They will have financial Consent Order (or what's the name of it) agreed by court during divorce. It will be final. Nobody will come in future to change things. That's why they will both sign it.

The title of the thread is 'without judge'. Even if you both agree and sign a consent order it will only be made legally binding if it is approved by a judge. If the judge doesn't think it is fair, they won't sign it.

Hadenoughnow