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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.

Divorce in Scotland

6 replies

distantvoices · 07/10/2022 12:02

Hi, hopefully someone will be able to reassure me about my situation if possible.

Second marriage for both of us, no children. We don't have a property, I have social housing and husband has moved to his own place. I cashed in my pension when I had health problems, husband has a small final salary pension which tbf, he had during his first marriage. Our savings are in his private pension. I have disability benefits he has a job, self employment and his pension.

We had an agreement that a chunk of the money in his pension would be transferred to me because they are our joint savings. It's proving difficult to get the pension company to agree to implementing a Minute of Agreement once we've divorced. I suggested H just withdraws the amount in cash and we share the tax burden. He clearly doesn't want to do this and has twice offered me more money to not do that. What am I missing?

I won't start the divorce until the pension company agrees that they are able to implement the MoA because there's only a 4 week window between the divorce being granted and getting the paperwork to the pension company to start the process. I don't want to be wrangling with them at that point.

Why on earth would he keep offering me more not to take the pension in cash? The only thing I can think of is that I said I would implement the divorce because I'm on UC and it would be cheaper for me. Is he worried I won't do that if I get the cash? It would cost him more to divorce me but surely that can't be it. Am I missing anything? (I could just ask him but he's not an honest man).

OP posts:
Mummykins54 · 08/10/2022 13:10

Personally I would get a free consultation with a lawyer (most will give you a 30 minute free one)- pensions are a mine field and normally a lawyer would draw up a minute of agreement to ensure that everything is legal and above board.

Good luck!

distantvoices · 08/10/2022 15:13

Mummykins54 · 08/10/2022 13:10

Personally I would get a free consultation with a lawyer (most will give you a 30 minute free one)- pensions are a mine field and normally a lawyer would draw up a minute of agreement to ensure that everything is legal and above board.

Good luck!

Hi, yes, I have a solicitor who has drawn up a Minute of Agreement. The issue is getting confirmation from the pension company that they will accept this and do the pension transfer as detailed.

Because the pension company keep insisting they have to have a court order (even though they don't in Scotland) I was thinking we could just take the cash to save time, wrangling and solicitor's costs. H seems reluctant to do this and in fact is offering me more not to do this. That's why I was asking if I was missing something.

I could ask my solicitor but she costs £300ph! Obviously, if there's no choice I'll have to do that.

Thanks

OP posts:
JaffaCakesMum · 09/10/2022 11:08

I'm in Scotland and my minute of agreement included a pension share which was executed from the minute of agreement without a court order.

I can't think of any other reason for him to want to keep his pension in exchange for cash now other than if the money stays in the pension it should hopefully continue to increase in value more than say having money in the bank. Also if he has the cash in hand to give to you then he is saving on the tax if he cashed in the pension.

For me I would decide what I want - do I want a lump sum, in which case if he is offering more in cash then I'd consider taking it. If I wanted a monthly pension then I would go for the pension share. Don't focus on what he is up to, focus on what you want.

I'm no expert in this but hopefully my thoughts might help. Oh, and why not just ask him why he would do this knowing he is dishonest, it might be helpful.

Mummykins54 · 09/10/2022 14:42

My official date of separation was Aug 2020 - we had agreed a draft MOA - then my stbxh decides that his pension figure has been undervalued by £100k!!!

Its been a living nightmare and still not resolved.

Focus on you not him - my stbxh is being a complete and utter idiot and under Scot's Law it is the pension figure at date of separation not the current value.

My lawyer is demented with him.

distantvoices · 09/10/2022 17:44

You're right, I need to decide what I want and stop listening to him about what's best.

I'll contact my solicitor in the morning and go from there.

Thanks all.

OP posts:
Mummykins54 · 11/10/2022 12:42

distantvoices · 09/10/2022 17:44

You're right, I need to decide what I want and stop listening to him about what's best.

I'll contact my solicitor in the morning and go from there.

Thanks all.

Yes - do that - you have to look after you!

I have been off work with anxiety due to his antics when it could all have been finalised months ago!

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