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











Prenuptial Agreements
Judicial Separation
Changing surnames
Civil partnerships


Legal Stuff
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
History: Home UK Divorce Forum
Re: Financial settlement dragging on......(Topic split here) (1 Post)
Started By:
17 February, 2018 04:38PM
Re: Financial settlement dragging on......(Topic split here)
goldspot - 17 February, 2018 04:38PM
I wonder if I can ask for some advise. long winded im afraid:

My now ex husband and I parted march 2015 due to his adultery, and divorced July 2016.

At the time of the divorce we both completed and exchanged form E as instructed by solicitors.
Assets were as follows;

House equity £180k
My CETV value £79k
His CETV value £446

total pot £705k

Married for 17 years. one dependent child of 17 (was 14 on divorce) living with me, ex doesn't bother to see him or pay maintenance)
Ex was in full time employment earing £75k, and intended to take early retirement at 55, ( he was nearly 54 at this time).
I received a minimum disability benefit calculated on tax I'd paid while I was in employment, so I was a dependent on my spouse as a stay at home mum as Im unable to work.

My ex husband made an offer of settlement to me as follows in April 2017 ( after leaving his full time employment) and was agreed to by myself in May 2017, this was done via our solicitors and is documented.

1. Equity from house of £180k approx. to be retain by myself.
2. I am to retain my £79k pension pot ( which is frozen O.
3.on his planned early retirement, from the 25% tax free, it is to be split 12.5% each so approx. £55,750K each.
4.Remaining 75% (£334,500) of pension pot to be split 70%/30% in his favor thus £ 234,150 / £100,350.
5. Therefore share to ex £280,900. Share to me £405,100 of total assets. This being a 41.3% / 58.7 split of total pot.

This offer was made taking into account that he was well aware of leaving his employment and taking early retirement, the welfare of our son ( a minor), that I would make no claim for spousal maintenance, that my ex has a very high earning capacity and that it would be a full and final clean break.

At this point my solicitor requested an up to date CETV as the one he had submitted was dated March 2014. This has never been forthcoming, and stalled by my ex at every opportunity. Therefore a consent order has not been issued and signed.

Ex has now taken early retirement, and has received the 25% tax free sum, he also remarried last year and moved to the other side of the country to live with the new wife, has not paid any maintenance for our son or made any payment towards the mortgage which is now in arrears.

He is now stating that he will not honour our agreement and he will not pass over the 12.5% of the tax free sum, he states that he now has £40k of debts accrued since our divorce , and his income has changed and wishes us to re issue form E,s.

My solicitor insists that the original agreement that he proposed, and I agreed to, is more than fair taking all aspect's into account, and that his debts are nothing to do with me or our marriage.

I just want this sorted, and I've now proposed to my solicitor a straight 50/50 split, that would reduce my part of the remaining pension pot from 30% to just under 10% with a added value to him of over £67k.
His pot will then be £347,900, mine £338,100, so he actually has slightly more than 50%.

Can you offer me your take on the matter before I try and go forward and get this sorted gone on way to long now.

** sorry this is my first post and I think I've posted into somebody else's post apologises.
Kind regards.

Edited 4 time(s). Last edit at 17/02/2018 06:18PM by goldspot.
Goto Topic: Previous Next

Sorry, only registered users may post in this forum.