Talk

Advanced search

Divorce and business assets

(4 Posts)
user1471853539 Wed 05-Oct-16 14:03:22

Hi
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?

OP’s posts: |
JaffaCakesMum Wed 05-Oct-16 16:29:46

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).

MrsBertBibby Wed 05-Oct-16 18:50:54

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.

user1471853539 Wed 05-Oct-16 20:48:58

Thanks both of you agree to the pension. That's good for me, not for JaffaCakesMum (sorry)

OP’s posts: |

Join the discussion

To comment on this thread you need to create a Mumsnet account.

Join Mumsnet

Already have a Mumsnet account? Log in