Can you both decide not to include a pension.

Hi all,

I am currently discussing divorce with my wife. We are both very amicable about it and know deep down that it is the right thing to do as although we get on we just dont love each other any more.....sad but unfortunately true. We are both mid 40's.

I have a pension but my wife is happy not to take any of it and is happy that it is not taken into consideration (is this even possible??). My Pension is approx £200,000 but I have been paying into it for 10 years before we met and 15 years after.

My wife has a pension but it is VERY small in comparison and most paid prior to us meeting.

My question is can a divorce be mutually agreed not be included at all or does it always have to be included in the asset split. Can we agree to split the other assets more generously in her favour and not even mention the pension.

My thinking is

TOTAL ASSETS
House no mortage - £350,000 approx
Business - £100,000 sale value approx or £30,000 of stock at valuation if closed and stock sold.
Savings - £40,000
Investments - £10,000
Vehicles - £15,000
Household items split

I have a pension but my wife is happy not to take any of it and is happy that it is not taken into consideration (is this even possible??). My Pension is approx £200,000 but I have been paying into it for 10 years before we met and 15 years after.

My wife has a pension but it is VERY small in comparison and most paid prior to us meeting.

I earn £2400 / month
My wife earns £850 / per month part time although this could raise to approx £1400 if she worked full time.

I thought that a fair split would be

Wife - 1/2 house value - £175,000
Wife retains the business - £100,000
All savings and investments - £50,000
Car - £9000

Total - £334,000

If my wife was to run the businesses (as well as her job as this is easy to do) it will pay her an addition £1200 / month (at least) giving her a total monthly income of £2050 part time or £2600 full time.

My split
1/2 house - £175,000
Vehicle - £6000

Total - £181,000

The difference in the split is so as not to include my pension.

Our income after split could be comparable if my wife chose to run the buinsess (her choice)

Does this sound fair?

We will share the childcare with me having the children Monday to Friday and her Friday eveings to Sunday.

We should both be able to afford to buy a house to accommodate our needs (with a mortgage).