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Pension from before marriage

(15 Posts)
Notbeingrobbed Tue 17-Jul-18 11:30:32

I am collecting information for form E. Do I have to include a pension plan that I paid into before marriage - and which I finished paying into at least three years before marrying? Surely this, at least, is mine alone? Why does my parasitic Stbex have a claim on money from before I even had the misfortune to meet him?

OP’s posts: |
NorthernSpirit Tue 17-Jul-18 14:38:45

Yes, you have to declare it. When you marry finances become joint, it’s a marital asset.

Notbeingrobbed Tue 17-Jul-18 14:53:33

But it’s not the proceeds of the marriage. It’s from before when I was on a tiny salary for four years. He didn’t contribute towards this in any way.

OP’s posts: |
Notbeingrobbed Tue 17-Jul-18 15:34:17

Like fuck it’s a marital asset. I’m sick of hearing the phrase. Is nothing mine and mine alone? What a shit institution- totally shit. I don’t know why I’ve locked my front door all these years - should have just let burglars help themselves freely. That’s what’s happening now.

OP’s posts: |
NotSuchASmugMarriedNow1 Tue 17-Jul-18 15:49:00

Yes it has to be declared. About how much is it worth if you don't mind my asking

NotSuchASmugMarriedNow1 Tue 17-Jul-18 15:50:31

If you only paid into it for 4 years and you were on a tiny salary then will it be enough to quibble about anyway? You need to get a CETV for it

Notbeingrobbed Tue 17-Jul-18 17:03:58

Well it was a long time ago and the pension it would pay would be minute but there is a lump sum I could use. It’s my money - not his - from before we were together. That’s the point. I am not getting divorced for fun but for the benefit of my children and I am being Royally ripped off, so yes, every little helps.

OP’s posts: |
wobytide Tue 17-Jul-18 18:25:52

"our children"

It's a marital asset, same as if he had the same unless it was a very short marriage but the kids(that are from both of you) have changed everything so their needs now mean more than either of yours

MrsBertBibby Tue 17-Jul-18 18:48:54

You must disclose it in form E, but it is perfectly legitimate to argue it be disregarded for sharing purposes as it was wholly earned outside the marrriage.

Discloseable and shareable are different issues entirely.

Notbeingrobbed Tue 17-Jul-18 18:56:36

You would have thought the children matter - they are living with me 100% of the time but one solicitor I spoke to said all that matters is my stbex’s housing need.

OP’s posts: |
greenlanes Tue 17-Jul-18 18:57:18

Sometimes an asset clearly acquired before marriage can be discounted. But I think the growth of the pension pot during the marriage would need to be taken into account.

But what do I know. My ex tried (very seriously) to argue that a financial asset acquired in the final year of marriage was not a marital asset as the marriage was over. Yes he was having an affair but that was news to me. The asset was not split 50:50! And I had a very good barrister for the financial side.

Notbeingrobbed Tue 17-Jul-18 19:04:30

Being married didn’t make the pot grow - it was the stock market. Nothing at all to do with him!! I’m getting the dreaded statement for it anyway.

OP’s posts: |
MrsBertBibby Tue 17-Jul-18 19:09:23

Good. Failure to disclose opens the door to him setting aside any agreement or order, and puts you at risk of adverse costs orders.

Growth of the fund is arguably passive growth so less likely to be marital aquest.

What age bracket are you both anyway? Roughly.

JacquiA Tue 17-Jul-18 20:18:10

Dealing with finances in divorce is extremely stressful and upsetting. There is a great deal of anxiety related to disclosure. However, you must disclose everything you have and non disclosure is a very bad idea. The courts may penalise you financially for lying or withholding information.

If you are talking about a very small pension pot that you only paid in to for only 3 years, then it’s not at all worth the potential fall out of not including it. It’s unlikely a court would award a pension sharing order for a small pension pot.

I went through the family courts with my husband for many years in the stressful situation where he paid high levels of spousal maintenance. Over the years, I learned that an honest, calm and rational approach is by far the best in court and gets you the best outcome. My husbands ex paid a very heavy price for her lies and inability to present in a calm manner in court.

TwitterQueen1 Tue 17-Jul-18 20:22:24

ExH had a pension he paid into and accumulated before we met and married. This was declared but excluded from the financial settlement as it had matured on the termination of his employment with the the company so it wasn't not considered a marital asset. Your solicitor should be able to answer this quite easily OP.

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