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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.

New business since separated

4 replies

ttcat43 · 22/08/2024 23:27

My husband and I agreed to split at the end of 2021. He moved out early 2022 and our house was sold and split 50/50 at the end of 2022. We are still not divorced because of the financial order. He has a substantial pension - he bullied me into signing and agreeing not to go for any of his pension which I agreed to. The judge threw it out early this year and said he had to make me an offer. He has now done so - a very small pension sharing offer - 7% ( this offer represents 50% of his pension accruement for a 6 year period - we were together for ten but only married to separation for 6 - minus the value of my own very small whole pension) but he has dragged his heals over finalising this.
A month ago, I was offered to take over the business I have managed for the last 10 years in a management buyout which basically means I haven’t ‘bought’ the business but will pay for it over the course of 5 years out of business profit. If I miss a payment 3 months in a row the previous directors have a companies house charge to take it back - if that happens I’d have no business and no job. My ex husband is now saying that he is entitled to half the value of my business. But, all I own currently is a large debt to pay it off out of company profit and I’m taking a lower salary to do so. And we have been split for nearly 3 years. Is anyone here able to advise where I might stand?
his pension value: £540,000
mine: £13,000
business value to me when/if paid off: £500,000

OP posts:
IalsoWantToHaveSex · 23/08/2024 07:40

ttcat43 · 22/08/2024 23:27

My husband and I agreed to split at the end of 2021. He moved out early 2022 and our house was sold and split 50/50 at the end of 2022. We are still not divorced because of the financial order. He has a substantial pension - he bullied me into signing and agreeing not to go for any of his pension which I agreed to. The judge threw it out early this year and said he had to make me an offer. He has now done so - a very small pension sharing offer - 7% ( this offer represents 50% of his pension accruement for a 6 year period - we were together for ten but only married to separation for 6 - minus the value of my own very small whole pension) but he has dragged his heals over finalising this.
A month ago, I was offered to take over the business I have managed for the last 10 years in a management buyout which basically means I haven’t ‘bought’ the business but will pay for it over the course of 5 years out of business profit. If I miss a payment 3 months in a row the previous directors have a companies house charge to take it back - if that happens I’d have no business and no job. My ex husband is now saying that he is entitled to half the value of my business. But, all I own currently is a large debt to pay it off out of company profit and I’m taking a lower salary to do so. And we have been split for nearly 3 years. Is anyone here able to advise where I might stand?
his pension value: £540,000
mine: £13,000
business value to me when/if paid off: £500,000

If he wants half the value of the business, he takes on half the debt as well.

Igmum · 23/08/2024 08:31

IANAL but you didn't have this during the marriage so presumably it isn't in play? He's been very careful with the pension dates so he has drawn the lines, you're just following them.

Mumof3confused · 30/08/2024 04:44

The business is only worth the asset less the debt.

The pension should be included as a whole, at least this is what I was told. You can’t ringfence any ‘non-marital’ portion.

millymollymoomoo · 30/08/2024 07:46

Well personally I don’t see why it’s unreasonable to take 50% of pension accrued during marriage. how did you contribute to building it up prior to that ?

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