Separating.. Pension?

[Geordieminx]

Dh and I are in the process of separating. We are married. He had an army pension, from long before we got together, does this mean I have no claim on it?

A pension forms part of the joint assets to be taken into account when you divorce. You might find it useful to read this:

www.resolution.org.uk/editorial.asp?page_id=476&displayMode=preview

You will also find a family lawyer through that website if you go to the home page and search in your location.

This is another handy guide:

www.divorceaid.co.uk/financial/pension.htm

The fact that it accrued prior to the marraige is very relevant. How long were you married for? Are there children? What do you both earn?

Married 2 1/2 years together for 6. 1 child. I'm on £14k, he's on 4-5x that?

We are keen to agree everything ourselves, and then just get a solicitor to draw up an agreement to reflect this. At the moment he is proposing I stay in the marital home, and he will pay half of the mortgage, with the proceeds being split when the house is sold ( not sure when? When ds is 18? If one of us re-marries?). Not sure how he is proposing proceeds be split... Although I am guessing 50/50

There is a fair amount of equity in the house, there is also his mums house which is mortgage free, he bought it for her but is solely in her name so have a feeling he'll try and get out of that...

In my neck of the woods (north west England) the pension wouldn't get shared as it's pre marriage. In the south east you're more likely to find it will have an effect.

Thanks.

We are in Scotland.

It's fine, it's certainly not that I think I am
Entitled, I'm just keen to get as much info as possible before we sit down and discuss things, as we are both keen to avoid mediation/high solicitors costs.

I think it's a false economy using message boards for things like this. You won't be able to get the detailed ( or reliable) advice you need.

You are right, just feeling a little helpless and out of my depth.

You might find this advice guide, which applies to Scotland, a useful read before you see a solicitor.

www.adviceguide.org.uk/scotland/relationships_s/relationships_relationship_problems_s/ending_a_marriage_scotland.htm

What about mediation? If you think it's possible to get an agreement together before you see a solicitor, it helps to guide your discussions in a neutral environment:

www.relationships-scotland.org.uk/family-mediation

But make sure you know your rights first!