advice

[SeanS]

Hi all, pension sharing advice pls..?

Married for 4 years
Overall CETV from 25 years of employment - 150K
Pension Accrued during marriage - 25K

Ex demanding half of pension. Can you tell what she might get, going through the court as mediation has failed. Thanks

Ex works full time and gets child benefit etc.

[MarkR]

(10-18-2018, 03:05 PM)SeanS Wrote: Hi all, pension sharing advice pls..?

Married for 4 years
Overall CETV from 25 years of employment - 150K
Pension Accrued during marriage - 25K

Ex demanding half of pension. Can you tell what she might get, going through the court as mediation has failed. Thanks

Ex works full time and gets child benefit etc.

What she earns does not come into it. He is entilted to half from the 4 years, minus half of any Pension she paid into during the time.

Where children are located is no longer considered when sorting out assets from a relationship, as she can claim Child Support and the benefits for them.

[SeanS]

Thanks Mark. I wanted to confirm she is not getting half of 25 years of CETV, as she thinks she is entitled to ! Thanks

[miker_71uk]

(10-18-2018, 10:07 PM)SeanS Wrote: Thanks Mark. I wanted to confirm she is not getting half of 25 years of CETV, as she thinks she is entitled to ! Thanks

No way. She can't. No judge will do that and I am sure her solicitor will explain that to her.

Does she have a pension of her own accrued during the marriage o any at all?

The likelihood is that she will get a share of the 4 year pension in deductions from your assets. Judges prefer to do it that way than to order a pension sharing order because this involves costs. 

Try to find assets to offset her share of your 4 year pension against. Did you attain assets during the marriage that she has possession of? Make sure to include all assets on form E, no matter how small. It sounds petty, but claim the sofa, the washing machine, the side cabinet.... It sounds horrible but protecting your pension is paramount.

[SeanS]

Thanks Mike. Yes she has pension of her own and a small property of her own, which she frowned upon when I asked that to go into the marital pot.

By the sound of it, she is taking it to the court to be couple grands better off that’s it. Whereas her motivation for the divorce was that she will get half of my entire pension and that she doesn’t have to share anything from her property. I just wish to see the day when all her plans gets back fired right in her face.

Thanks for the comments again.

[miker_71uk]

(10-22-2018, 10:21 PM)SeanS Wrote: Thanks Mike. Yes she has pension of her own and a small property of her own, which she frowned upon when I asked that to go into the marital pot.

By the sound of it, she is taking it to the court to be couple grands better off that’s it. Whereas her motivation for the divorce was that she will get half of my entire pension and that she doesn’t have to share anything from her property. I just wish to see the day when all her plans gets back fired right in her face.

Thanks for the comments again.

I am sure if she speaks to a solicitor he/she will explain all this to her. Courts take into account all assets. Your pension values will likely be added and divided equally so you both need to get pension valuations from your pension providers. Any properties each of you own, jointly or solely will be taken into account. So if your pension value is higher you can offset it against her property and some.

[SeanS]

Thanks Mike. For some strange reasons she ditched her second solicitor, now she is representing herself ! I believe she must have realised she was spending a LOT on solicitor for the peanuts she is fighting for.

That’s right I’m going after her property which she has repaid most of the mortgage(overseas) during the marriage.

I have a sneaky feeling Court will laugh at both of us self represented, mediation and solicitor failed, knocking on court’s door for few grands here and there (or may be nobody gets nothing at all!) wasting courts time. Hey ho I just hope it is life lesson for her, how she lost everything she had it for free by calling it quits for the sake of getting share in my pension.

[miker_71uk]

(10-27-2018, 08:58 AM)SeanS Wrote: Thanks Mike. For some strange reasons she ditched her second solicitor,  now she is representing herself ! I believe she must have realised she was spending a LOT on solicitor for the peanuts she is fighting for.

That’s right I’m going after her property which she has repaid most of the mortgage(overseas) during the marriage.

I have a sneaky feeling Court will laugh at both of us self represented, mediation and solicitor failed, knocking on court’s door for few grands here and there (or may be nobody gets nothing at all!) wasting courts time. Hey ho I just hope it is life lesson for her, how she lost everything she had it for free by calling it quits for the sake of getting share in my pension.

Min made a similar mistake because my pension pot was much larger than hers. Courts don't like to order pension sharing order because it is complicated and costs money to transfer part of the pot. So if there are assets to offset, this is what they will do. I stood my ground and in Form E mentioned every asset she owns, including her car, her jewelry, her expensive rugs etc etc. 
Eventually she settled to give me a higher share of the family home. She also had an expensive lawyer while I got help from a very good McKenzie friend that cost a fraction.

Some women give all women a bad name. Mine was one of those.