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Divorce and business assets(4 Posts)
Looks like I'm getting divorced.
I plan to start proceedings on the basis of unreasonable behaviour, although it's a same sex affair (can I still name the third party in the explanation box?)
My main questions are I am happy to share my pension pot, but other half says I can keep it and they keep their business.
I think that my pension is roughly 20k less in value. Obviously I can't touch my pension for some years, but is it valued the same way as a business?
I've found a couple of cases that I think help Lambert vs lambert saying businesses are joint assets regardless who built it up.
Maskell vs Maskell I think says pension is a different type of asset.
Can anyone help to confirm I'm right?
Or have I got this wrong?
I don't know the answer to your question but my solicitor advised me that I would get half of the value of the house and have of the value of the pensions from when we married to when we separated. I was hoping I would get half of the total (which might be the value of the house and I could stay in the house) but that is not the case unless H is particularly precious about his pension (and I'm hoping he is).
Pension assets should not be treated pound for pound like assets such as a home or savings, because of issues of liquidity and taxation.
A business asset is also a little different to (say) a house, because it is more speculative, however, it should certainly not be treated pound for pound as equivalent to a pension, especially a pension you can't draw on for years to come.
You need to see a good family solicitor, who can go through everything with you and advise properly.
Thanks both of you agree to the pension. That's good for me, not for JaffaCakesMum (sorry)
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