Divorce
Ending the marriage- the process to decree absolute
Financial issues in divorce- ancillary relief
Divorce and Pensions
Children
Divorce advice for men
Divorce for non residents
DIY divorces
Costs
Timescale - quick divorce or not
Wills & divorce
Legal Aid
Injunctions





 

 

 

 

 

 

 

 

 

 

Miscellaneous
Prenuptial Agreements
Cohabitees
Judicial Separation
Changing surnames
Civil partnerships


Contact
Contact


Legal Stuff
Disclaimer
This is a UK based forum about divorce and related issues. Feel free to contribute. Your experiences or opinions may help others. The links on the left lead to basic information about most common divorce questions. The information opens in a separate window. You can use the search function to search the forum.
User: Log In Create A New Profile
Actions: New Topic Print View RSS
Search
History: Home UK Divorce Forum
Topic:
PENSION SHARING ORDER - WILL SHE GET IT? (11 Posts)
Started By:
Date:
06 November, 2016 11:40AM
PENSION SHARING ORDER - WILL SHE GET IT?
Johnny8589 - 06 November, 2016 11:40AM
Hi, new member seeking advice.

Both my children live with me & are under psychiatric treatment for physical & mental abuse suffered at the hands of my ex wife. They do not want to ever see her again & that is backed up formally by Social Services.

When we split up we were both made bankrupt & our house was repossessed. The only asset we have in the marriage was my pension which is significant.

We both have new partners. I rent as I cannot get a mortgage. She lives with the man whom she conducted an affair with. He owns a house worth 180k, has a pension taken early and also works full time for a major company earning 40k per year. She works part time & is also working cash in hand & running a business on the quiet.

My question - Does a pension automatically have to be shared or are the circumstances outlined likely to allow me to keep my full pension, particularly as she hasn't seen the children in over a year & does not provide financially for them?

Any advice appreciated. Thanks
Re: PENSION SHARING ORDER - WILL SHE GET IT?
davidterry - 07 November, 2016 03:16PM
>>My question - Does a pension automatically have to be shared or are the circumstances outlined likely to allow me to keep my full pension, particularly as she hasn't seen the children in over a year & does not provide financially for them?

Whether your wife is entitled to a share of your pension depends upon factors such as the length of time you were together, your respective pension provisions and the value of the pensions. It does not depend upon whether a person sees the children or pays for them.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
Johnny8589 - 03 January, 2017 12:55PM
Hi, thanks for the reply.

We married may 1997 & split up Jul 2010, divorced formally Dec 2014. She lived with her new partner from Jan 2011. She has a pension of about 43k, mine is 300k.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
davidterry - 03 January, 2017 04:28PM
The disparity in your pension provisions is such that I would certainly advise her to seek a pension share.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
Johnny8589 - 03 January, 2017 08:34PM
Hi David, even though she lives with her partner and their house is owned outright valued at 180k? I rent and have nothing other than my pension.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
davidterry - 04 January, 2017 09:17AM
What does the fact that she lives with a partner have anything to do with the pension? The pension was built up during the marriage so if there is inequality of pension provision your wife is entitled to a share whether she lives with anyone else or not.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
Johnny8589 - 12 January, 2017 03:23PM
Thanks David.

I've presented all the facts to a solicitor who is actually going to work pro bono for me due to the kids suffering DV as well as myself. He appears confident with the amount of lies & omissions in her form E plus my financial needs we have a really good shot.

I'll let you know how we get on.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
davidterry - 12 January, 2017 06:58PM
>>I've presented all the facts to a solicitor who is actually going to work pro bono for me due to the kids suffering DV as well as myself. He appears confident with the amount of lies & omissions in her form E plus my financial needs we have a really good shot.

Well, unless your ex wife agrees I wouldn't give much for your chances. The facts of the pension speak for themselves. It's a long marriage. You have pension provision of £300K and she has pension provision of £43K. All the rest is just sand in the eyes which in principle should not affect these facts one jot.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
Johnny8589 - 13 January, 2017 09:44AM
How about just wishing me good luck instead of kicking sand in my eyes?

I've endured years of violence at her hands and when she had her affair and kicked me out she turned it onto my 6 yr old daughter & 9 year old son.

The only chance I have of giving them a future is that lump sum. The only chance. I have to retire in March due to an injury sustained at work. My kids are both damaged by her.

She has lied massively in her form E. She hasn't declared her business or vehicle, all assets which should go into the pot.

If she gets anything of my pension then I can't afford to rent and will have to go back to living with my elderly parents. What sort of judge will ignore what she's done??!! This will be run on a means basis and I have to say I hope her solicitor isn't as cruel or lacking compassion as you appear to do.

If I was a woman stating all this I have no doubt the law would come down heavy on the husband. But hey! I'm a man so suck it up and give her your money. She's already taken your pride & dignity, what's money after all!
Re: PENSION SHARING ORDER - WILL SHE GET IT?
Andyk - 13 January, 2017 01:06PM
"I hope her solicitor isn't as cruel or lacking compassion as you appear to do. "

Its not down to her solicitor, and they will be working for her interests, not yours as I guess she could sue them if they didn't try age get the best deal for her. Ultimately it might be down to the judge who will look at everything in the round and as its a long marriage and a huge difference in pension funds then they will need to be fair to both parties and balance each individual needs.

Generally, behaviour during the marriage does not affect the outcome of the finances.
Re: PENSION SHARING ORDER - WILL SHE GET IT?
Johnny8589 - 16 January, 2017 04:42AM
Thank you for the reply.
Goto Topic: Previous Next

Sorry, only registered users may post in this forum.