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History: Home UK Divorce Forum
Topic:
Financial settlement after divorce- too late? (5 Posts)
Started By:
Date:
24 February, 2017 06:29AM
Financial settlement after divorce- too late?
Unsure99 - 24 February, 2017 06:29AM
Just hoping someone can help.

I divorced my ex for unreasonable behaviour. It was finalised in April 2015. We didn't get around to sorting out the financial settlement. There isn't much to settle. He has a home he purchased after we divorced and I'm not interested in taking anything that' he got afterwards. We have joint custody of our children as awell and it's their home. We were married for 11 years and in that time he has been paying into pensions. I was working too but he wouldn't allow me to pay into pensions because we needed my money supposedly. When we separated I left him with all furniture and I took all of the debt. I did this because I was worried he wouldn't buy anything for the children and they would go without. In hindsight I regret this.

As it's after the divorce am I still entitled to a proportion of the peinsions? I want to be able to purchase a house for our children and I can't as I have nothing.

One complication is that we live in Australia but the divorce was granted in the UK. We were married in the UK also. The pensions are in the UK. Australian law states you can't compete finance settlement after 12 months of divorce. I didn't know this and assumed we would get the finances sorted when ready. As we married and divorcEd in the UK wouldni still be entitled to anything and it's to worth the stress?



Edited 1 time(s). Last edit at 24/02/2017 06:40AM by Unsure99.
Re: Financial settlement after divorce- too late?
davidterry - 24 February, 2017 09:57AM
Assuming you have not remarried and that the appropriate boxes for financial relief (such as a claim for pension sharing) were ticked on the divorce petition you can still seek a share of your husband's pension (and other financial relief if appropriate).
Re: Financial settlement after divorce- too late?
Unsure99 - 24 February, 2017 10:04AM
I didn't know there were any boxes. Thanks for your reply I will check that! I'm wishing I hadn't done an online quick divorce!
Re: Financial settlement after divorce- too late?
Unsure99 - 24 February, 2017 10:21AM
Thank you. The boxes are ticked.
Re: Financial settlement after divorce- too late?
davidterry - 24 February, 2017 02:45PM
Then you can go ahead and make a court application for a pension share if your former husband is otherwise unwilling to concede the point.
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