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FDR Judge ignores all advice I have given on pension sharing order

  • Dee66
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13 Jan 23 #520427 by Dee66
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I attended an FDR last week fairly confident that I knew my numbers and was ready to negotiate. My husband and I had both planned to retire in 5 years, he because he will reach 67 and me at 60 because I have rheumatoid arthritis which is getting progressively worse. His pension is £520,000 plus full state pension and mine is £50,000 plus full state pension. The judge commented that an 8-year marriage was short and that I should only be entitled to share half of what my husband accrued during the marriage - £7,000. This seems totally unreasonable and as you can imagine stalled any reasonable negotiations. I'm now wondering how I am actually going to survive until I get my full state pension while he enjoys a very nice lifestyle. The judge simply suggested I work more than my current 30 hours, regardless of how much pain that leaves me in already. He earns 80K and I earn 20K a year. I appreciate I have to keep on negotiating but I'm exhausted and any guidance would be appreciated.

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13 Jan 23 #520428 by Dee66
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The title was meant to say all advice I have been given!

  • Rickoshea
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13 Jan 23 #520429 by Rickoshea
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What had your Solicitor suggested the split would be, i.e. from your wording you are very far away from what you were expecting to discuss?

  • Araxman
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13 Jan 23 - 13 Jan 23 #520430 by Araxman
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Hi Dee66 - My understanding is that the pot is looked at as two separate pieces, pension pot and non pension pot. If the non pension pot assets are insufficient to meet the needs of the parties, then yours is a needs base case. If there is a boat load of non pension assets that you can share in to have your needs met, then your financial remedy is provided by that route subject of course to negotiation. You don't mention if the non pension assets are likely large enough that if shared they are able to meet the needs of you both. I am using a direct access barrister for a needs based case which has so far been great for getting to the nub of the matter.
Last edit: 13 Jan 23 by Araxman.

  • WYSPECIAL
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13 Jan 23 #520433 by WYSPECIAL
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What was the financial situation when you got together? Has It changed significantly income wise etc?
If you’re fit enough to plan to work for the next five years how do you know now that you won’t be able to work in some capacity up to state pension age?

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