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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.

Clean break order

12 replies

ThisIsaNiceDress · 04/04/2023 16:44

Hi guys
asking here as if I was to ask a solicitor they’d advise that I get one just to stay on the safe side!
been separated 2 years, decree nisi granted, sorted out all finances and now each owns their own property. The only but we haven’t sorted out is the pensions. His pot is several times mine and I’m prepared not to claim any of it. Can I just proceed with the absolute without sorting out a clean break order or would that be foolish in some way I cannot imagine right now?
tia!!

OP posts:
ThisIsaNiceDress · 04/04/2023 16:47

I think I’ve just answered my own question actually… the answer is to get one. Not sure what I was thinking!! 🤦🏼‍♀️

OP posts:
millymollymoomoo · 04/04/2023 21:02

Foolish not to get one

StopMindlesslyScrolling · 04/04/2023 21:11

Can I ask why you're not sharing the pension pot?

How much of it was accumulated during the marriage?

ThisIsaNiceDress · 09/04/2023 19:22

@StopMindlesslyScrolling good question. It’s been a 15 year long marriage with kids so I’d say a vast majority of it. I left, and I think he is trying to guilt trip me into not claiming any… I’m just desperate to move on..

OP posts:
Itsybitsydoodah · 11/04/2023 00:06

Did you stay home with the children and run the house whilst he worked and paid into a pension? Why wouldn't you be requesting an equal/fair split of the pot (his and yours combined from the 15yrs married)?

IsItUs · 11/04/2023 00:32

You should get a pension order - don't under estimate how much you might appreciate it in the future.

Definitely do get a court order - without one either of you could potentially claim in the future even after the divorce. For example if one of you does better financially in future, inheritance, windfall etc. It happens,

FishWithoutAName · 11/04/2023 01:37

Get the pension. Your future self with thank you I promise.

He won't thank you for not going after it, so you might as well get what you deserve.

Your DC also deserve it as they don't want to worry about you!

ThisIsaNiceDress · 12/04/2023 07:37

@Itsybitsydoodah not quite but I did take out the time to grow, birth and nurse two children! His pot is probably 10x if not more bigger than mine.
@FishWithoutAName you are 💯 right… he will not thank me for not going after it 😂😂
ladies you are such awesome source of wisdom thank you everyone who has contributed!

OP posts:
millymollymoomoo · 12/04/2023 11:09

So have you contributed to him being able to accumulate the pot or are you just happening to have lower paid career?

Busbygirl · 12/04/2023 11:25

Definitely get a pension actuary to value your pensions. Best thing I’ve done so far and I really didn’t think I’d be entitled to anything.
You deserve a share in his pension if you had to take time off for children.

SD1978 · 12/04/2023 11:28

It's about fairness in retirement. I understand you want it done with, but you will suffer in retirement, because of the contributions you've made, and the hit your career has suffered if you jointly decided you staying home was the best option. Why should you have to worry posy retirement because of a decision you jointly made?

ThisIsaNiceDress · 12/04/2023 11:39

@millymollymoomoo its a combination of both I suppose…

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