Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Divorce/separation

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

Police pension / assets split

30 replies

beetlehope · 02/11/2022 19:05

Hi hoping for some less brutal replies this time....
Married in 2012 sep 3 years ago.
Child arrangements done. I have slightly more.
I am desperate to stay in my home but can't afford to give him half equity which could be 120k each.
My pension is small ish and he has police pension which I think is much better.
I dont want his money but I put more into house and yes I know its all in same pot but has anyone leveraged the two things?
Every solicitor gives different advice.
Ive always earned a bit more and he cant afford mortgage alone and he stopped paying anything last month.
He says no solicitor which I get as no one has savings after child stuff but I've been told I need the pension value when I only have the summary.

I'm now paying full mortgage and it's hard and part of me wants it sorted but others think kick it long as house prices will fall.

Any advice greatly appreciated.

OP posts:
AbbieLexie · 03/11/2022 19:22

It sounds mad but I was arranging my ex's mortgage! I house hunted for /with him to try and keep everything 'nice' and in the process really stitched myself up. The lady at the building society recommended her husband's lawyer who had run rings round her lawyer. Ask about. Same reasons as you - I had no money and was living on credit cards. I also truly believed he would be fair and do what was morally right. We were all still living in the family home. The pensions are another story. Please - lawyer and take & follow their advice.

BetterFuture1985 · 03/11/2022 19:30

I'm not a solicitor but for those suggesting a Mesher I'm going to provide a statistic.

Back in 2012 a survey of 1,200 divorces was done. Of those, around 800 had no financial settlement at all. Of the remaining 400, around 250 were divorces with minor children.

From that sample there were 6 Mesher Orders and 8 charge backs. So they were used in around 5.5% of cases back at a time when property was a bit cheaper relative to salaries. I suspect it's lower than 5.5% of cases now. They're generally a last resort.

creideamhdóchasgrá · 03/11/2022 20:14

beetlehope · 03/11/2022 16:43

Thank you so much- the house is about 550 / 600. He's not got loads of service and is over 40 but qny little helps.

In divorce and financial settlement do look after the old(er) woman you will become...

and of course bearing in mind the welfare of any child of the family is the first priority.

Pensions can be as, if not more, valuable than the former martial home in some cases.

(I see you have estimated the value of the former matrimonial home. I can give some information on a process for getting a valuation for it if that would be helpful?)

Getting an independent valuation of the pensions - (CETVs and / or pensions on divorce expert report) - before making any agreements or offers to split / share them, or offset them against other assets, like the former marital home, is important. Make sure parties have all the assets "on the table", along with documentary evidence of their value / worth first - and this includes pensions.

Regarding pensions on divorce expert / actuarial reports

Pensions on divorce expert reports can cost £1,500 - £2,000 + VAT.

A comprehensive report from a “top” actuary might be £2,000-4,000 depending on the scope of the report and the number of pensions included, as well as the complexity of the circumstances / instructions.

The scope of the report is determined by the instructions the parties give the actuary.

The instructions are usually agreed in advance by the parties.The actuary can help parties to "pin down" the exact instructions for the report as part of the process.

Costs for the report are usually split 50 / 50. While one party can offer to pay for the report in full, instructions are still jointly agreed.

Generally, the report sets out what the pensions are worth - not just in terms of the CETVs (Cash Equivalent Transfer Values) - but also with (an)other model(s) which are usually more in depth.

The report usually shows what a 50 /50 split of the capital value of the pension is, and how pensions would be split to achieve equalisation of incomes.

It is well worth getting calculations for both 50 / 50 split of the capital value of the pension and how pensions would be split to achieve an equalisation of incomes.

Instructions given to the actuary include the retirement age of the parties.

Choosing one, rather than various retirement age scenarios, for each party keeps costs down.

Parties can however instruct the actuary to do calculations for you both at various ages 55, 60, 65 and later.

Or parties can just instruct on the actual intended retirement age of each party as this is the most likely scenario. Each party may chose to have a different retirement age based on their individual circumstances or needs (one might retire at 55, the other 65) .

The actuary will guide you through the process from initial contact, through to instructing her / him on what to include in calculations and the assumptions you want them to make, as well as data gathering, production of the report, and questions / queries after the report is produced.

Full and Frank Financial Disclosure

Aside from a pensions on divorce expert report, at the very least CETVs should be shared by parties and any reluctance to do so might be an indication of where the money is (I read this on another thread and thought it was helpful).

Do look at Form E to see what full and frank disclosure looks like – and what is required of parties by the court.

Documentary evidence showing what each of the marriage asset is worth including pensions is `requirement.

Full and frank disclosure can be gained through exchange of Form E, and followed up in Questionnaires, and chased up in Deficiencies. If not forthcoming still, and lack of disclosure persists a letter from a solicitor can be served and a court order applied for and issued to ensure compliance.

Once all the assets are on the table and parties know for sure what each of them are worth, they can decide on a split that is reasonable, fair and in accordance needs - with the priority being welfare of any child of the family.

Please see my previous posts for links to sources of legal advice and information. This is not my profession.

Mumsnet suggest
See www.legislation.gov.uk/ukpga/1973/18/section/25

Hope this helps:)

beetlehope · 03/11/2022 20:30

Thank you
I will earn more soon - I don't want to ruin his life I just want to get some balance here to use pension to leverage what I put in x

OP posts:
MrsMontyD · 04/11/2022 21:36

It's not about ruining his life, it's about a reasonable split of assets, a judge won't agree to anything that isn't fair.

You have to put yourself first in this situation, he needs to look after himself, you can't do both.

Taking a share of his pension is effectively boosting your own pension when you retire, the alternative to making sure you have similar resources to him at that point in life would be for you to make additional voluntary contributions to your pension, is that going to be possible?

Too many women focus on staying in the fmh at all costs, even if they're going to struggle to pay for it and maintain it, rather than thinking practically about what's best financially. This results in divorced women being among the poorest pensioners.

Get a valuation based on the current condition of your property, get some realistic figures on what you're going to need to spend on it, calculate your potential share of the equity, and look at alternative cheaper properties and what your mortgage would be. You really need to think this through.

New posts on this thread. Refresh page