Judge rejected financial order terms

[Chiomi]

Judge has rejected our financial order terms as he thinks pension unfair despite us both agreeing in mediation. Now he wants us to attend a hearing which we both don’t want as not changing our minds! Anyone ever gone through this?

Wow! Thank you ladies. At least when I go I will be prepared for whatever the judge throws at us.

There has to be a check and balance for such things to avoid a controlling and abusive partner forcing an unfair split

it also centres the needs of aby children and will not allow a split that doesn’t allow for both to adequately house and support

The thing is, the order is based on assets held now, now potential future assets. So during your marriage you both acquired equity in your home, which you agree is split 50/50, but you also both acquired funds in your pensions. The only reasons for not splitting 50.50 would be age differences and potential future earnings differences. If one party is close to retirement age, they will have less time to increase pension contributions. If one party has become unable to work through illness / disability that would have an impact. Just because one party decides not to work now wont mean an unequal split.
Do you and DH fit into any of these categories?

No I am actually a woman who has worked hard to be where I am!!

Thank you. He’s 54 and I am 52. Kids all over 18. I left my full time job to illness.

There is no abuse/bullying. Just a marriage that has ended for personal reasons. Kids all over 18

It’s just the unhinged banned poster that makes a new account every day and goes on a rampage until the mods wake up and ban the new account too. Just report it and hopefully one of the mods will log on soon.

@Tubetrain are you willing to provide a little more context for your question? I’m curious about why you feel that is relevant to OP’s question.

I was in this situation. Judge said the settlement wasn't fair and my ex decided to go for 40% of my pension.
We ended up going to court 3 times and it cost me a fortune.

@ThisJollyLimeBird He was awarded it, dispute originally saying he's leave my pension alone.

This. If you and stbx both reassure him that you know it is unfair but still wish to go ahead he/she will sign the consent order after talking to you both.

So if the pension deficit is basically because you won’t be accuring anymore but he will then I think that will be accepted if it is explained so I wouldn’t worry

The pension companies will only go along with the judges decision not yours.

It's absolutely relevant, lack of future pension provision isn't her ex's issue unless due to things like staying at home to look after kids and supporting his job.

It's fine. Just turn up to the hearing. The judge will want to know that you have both taken legal advice.

How things have changed in only just over 10 years. My ex-husband's legal team expected me to fully claim the state benefits to which I was entitled (tax credits) and for that to reduce the amount of maintenance paid. The judge totally concurred with this view. I was told that I could, of course , choose not to claim, but that would not change the lower maintenance amount.

Happened to me. We had agreed to keep our pensions to ourselves as almost identical worth. We were called in to see the judge. The hearing (private - like an office really) lasted 10 mins. We reiterated we didn't want to include pensions and she agreed.

Exactly what we thought. Totally pointless exercise. However, I think it was because I'd sought legal advice (I'd inherited after we split and wanted to keep that out of it) and my ex hadn't. I think they wanted to check we really were amicable and agreed on the terms.

So this happened to me when I divorced my ex husband. The judge queried the financial settlement which was quite heavily skewed towards my ex. He wanted to make sure that I understood what I was agreeing to (I did) and why I thought it was reasonable. Again it came down mainly to the pension split (although there was another asset involved) where I agreed that we each keep our own and his was much higher. I explained why I was ok with this and the judge approved it. In my case I knew I could catch up when the financial abuse stopped.

The judge was very careful to make sure I fully understood and that I was not being abused as part of the settlement.