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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.

Divorcing when retired

8 replies

Michellexxx · 13/12/2022 17:24

Just wondering how settlements are reached if both parties are retired- so all money etc was made pre marriage, no shared children but both have own kids.
The financial distribution is balanced quite heavily in one side and money was all made, obviously, during working life.

Thanks!

OP posts:
millymollymoomoo · 13/12/2022 17:42

hiw long marriage?

if no joint children and all assets acquired pre marriage a strong case could be made to reset each party back to what they brought in to the marriage

DenholmElliot11 · 13/12/2022 18:52

It really just depends on what the couple agree to. And if they can't agree, the court decides for them.

Randomperson99 · 13/12/2022 19:13

millymollymoomoo · 13/12/2022 17:42

hiw long marriage?

if no joint children and all assets acquired pre marriage a strong case could be made to reset each party back to what they brought in to the marriage

Yup. Hopefully the law won't provide golddigging opportunities at this age.

Michellexxx · 13/12/2022 19:23

Thank you. So married 15 years. Some properties were bought once together but all with one party’s money. I do think both names would have been on at least 2 of the deeds though.

Would pensions etc come into consideration if they’re already being drawn from?

OP posts:
curiousbanana · 13/12/2022 19:27

Have the couple discussed what each of them think is reasonable?

By retired are you talking 65 or 78?

Michellexxx · 13/12/2022 20:23

I’m talking one late 70s, one early..

Theres no communication from one end. But I believe they would like it to be reasonable but, for certain reasons and past experiences that I don’t want to detail, many find it hard to believe one side will remain so amicable.

So the side that benefited most in marriage (retired early after quick wedding) has stated wanting amicable divorce, but has been quite vocal about splitting of cash to their own children during the marriage, for example.

OP posts:
Randomperson99 · 14/12/2022 10:28

Not enough details still. But I would hope that the one who didn't bring anything in terms of assets to the table would walk away with very little. There is no argument why it would be any different at this age really.

millymollymoomoo · 14/12/2022 10:47

I think the length of marriage will be deemed long which will impact settlement

will also come down to wgat needs does each party have and can they reasonably be met with unequal split

adter 15 years things are deemed blended assets usually

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