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Legal matters

Pension during divorce

14 replies

DLM1983 · 11/02/2021 13:29

Hi. My partner started paying into a pension in 2014. He split up from his ex in 2016 and the divorce has just been filed. A solicitor has advised him that his ex will only be entitled to the pension between 2014-2016 when they separated. Is this correct?
She also said that because the pension is only worth 22k and the fact that there will be a fee to pay to arrange pension sharing that it really wouldn't be worth going to court for.

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BillieSpain · 11/02/2021 13:34

2 years of pension? No, I don't know, but i doubt she'll get anything. Not worth it.

My STBXH says I'll get nothing and we've been married for 17 years and he's had the pension the whole time.

I hope someone who knows their stuff comes along and can help you more.

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Collaborate · 11/02/2021 15:37

Pension earned £22k over 6-7 years, 2 of those years during the marriage. Assuming it's not a needs case then not worth claiming against.

A 17 year pension should be worth it, but again, depends on its value.

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DLM1983 · 11/02/2021 16:19

What is a 'needs case?'

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Collaborate · 11/02/2021 16:28

Division of capital based on entitlement will start off 50/50 then adjust for pre- and post-marital contributions.

Needs is a factor the court takes in to account, so if needs is relevant that might cause there to be a further adjustment. The extent to which one spouse can look to the other to have their needs met will depend on a number of factors.

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DLM1983 · 11/02/2021 21:30

Bump

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Familylawsolicitor · 13/02/2021 06:34

This reply has been deleted

Message withdrawn at poster's request.

DLM1983 · 13/02/2021 07:53

Sorry, new to the site. I also didn't realise that the other comment was from a lawyer...apologies. BTW there aren't any assets, property etc. Thanks for everyone's comments.

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DLM1983 · 14/02/2021 18:52

So, from what is understood, it wouldn't be worth going to court over although if she gets legal aid then she might think it's worth it. Would it be fair to offer 50% as of the value of the 2 years they were still together as a cash sum to avoid court process?

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DLM1983 · 14/02/2021 18:53

Although £1 of pension is not the same as £1 in cash so not sure how that would change the offer??

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Soontobe60 · 14/02/2021 19:10

I believe you can only get legal aid in the case of divorce if there’s proof of DV. Is this the case?

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DrCoconut · 14/02/2021 19:16

You can opt not to touch each other's pensions during a divorce if it works out better that way. It's what me and my ex did. So if the cost in money or bad feeling isn't worth it for example.

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DLM1983 · 14/02/2021 19:53

@soontobe60 There is no history of DV. She got help with the divorce application fee. Is this different to the fee to apply for financial orders etc or solicitor fees then?

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DLM1983 · 14/02/2021 19:54

@DrCoconut She doesn't have a pension. Thare are no assets other than his pension, no savings etc.

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Soontobe60 · 15/02/2021 16:27
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