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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.

Pension and financial order

1 reply

Unluckyman · 20/01/2023 07:49

Hello, looking for advice or if anyone has been through a similar experience.
Been married for 19 years and have a 14-year-old daughter.

My wife had an affair over 5 years ago, I’ve tried to put it behind me but can’t move past it. We live in the same house but lead different lives in different bedrooms.

We have jointly begun the divorce proceedings. My wife has continued to express the fact that she only want a 50/50 split of the house sale. I was in the RAF for 22 years and received a medical discharge, and as such receive a medical pension. We married a few years after I left the RAF.
A few questions:

Is she entitled to any of my pension, even though we married and lived together after I left the RAF?
She has expressed she want none of my pension, only 50% of the house sale. But for my piece of mind.
Second, we have discussed my 14 year old, living with me 50% of the time, and are in agreement, obviously it up to my daughter too, but she is a daddy’s girl.
So when we complete a financial order to cut all financial ties, as were both in agreement and do this jointly, when this goes before a judge to stamp, could he reject it? If he deems it unfair even though we both agree the terms? I earn a lot more money than my wife. But she works full time too.

Thanks for your time reading and advice

OP posts:
millymollymoomoo · 20/01/2023 09:45

She’s entitled to a fair share of all marital assets which includes your pension. this could be 50% or could be more or less- the fact you earn substantially more could swing the balance in her favour.

however, you can agree between yourselves and

as she’s working full time
if her needs are met already
if she willingly and knowingly agrees to forgo it ( having had independent legal advice)

then likely to be agreed

do you think 50% of house only is fair ?

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