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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Two more questions about divorce please

4 replies

nostaples · 09/12/2018 09:49

Although I have been living with my husband for nearly 20 years we have only been married for about 6 years. When splitting pensions will they take into account the whole 20 years or just the years we have been married?

Also, I am likely to inherit a considerable amount of money from my parents when they die. Should that happen before we get divorced would he be entitled to some of that money?

Thanks in advance. So confused.

OP posts:
MadGentleman · 09/12/2018 11:39

I got mixed messages about this - online advice told me its the whole pot to date if you live in England and Wales but marriage period only in Scotland. However, when I told my solicitor about this, she was adamant that it would be marriage period only throughout the British Isles.

In theory, unless you go for what is known as a "clean break" (look it up) he could make a claim for on your inheritance in the future. Whether he would be successful would be another matter, but a Clean Break is the only way to be 100% sure.

mummmy2017 · 09/12/2018 11:44

No inheritance can't be considered unless the person has died.
Clean break is better as no come back..
50/50. Is normal....
Onve your married more than a year or so all assets seem to be put in a pot and up for use...
Judge goes on needs, unless you agree between yourself before hand.

lifebegins50 · 09/12/2018 12:02

As you have dc it is likely the whole relationship period will be counted for assets but pensions maybe different and likely to depend on your age, current pension and likely future pension.

If he is older he may have higher pension "needs" especially if you are younger and potential to save for a pension. A pension valuation report might be needed, tends to cost £1k but would gives a recommendation on pension split. It takes a while however, 8-10weeks

Sensible to ask questions so don't worry about asking for input. You will know a lot more after the process!

nostaples · 09/12/2018 13:48

Thanks all - I really appreciate your taking the time to respond. Very useful to hear other stories too.

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