Divorce and pension

[SadBut]

Separated from 'D' H Feb 22
He's trying to liquidate his pension
Will this be counted when I can finally afford to divorce him?

It will depend on why he liquidated his pension. If he liquidated it and bought a Ferrari you would probably have a case. If you are living in the family home and he needs to liquidate the pension to pay your mortgage and his rent, then probably not.

Thanks @FSTraining
I've got a feeling he's going to use it for "living expenses " ie ecigs and takeaways
ATM I'm living In family home paying all bills
He's with his parents

If I manage to pay my debts (3-5 years) then start divorce will could look at situation then ie me 0 debt, mortgage almost paid, kids almost grown, DH possibly not even working, me back full time

OR (as I sort of hoped)
At point of separation
Both shit loads of debt
Me with 3 kids 100% time
Similar wages (me slightly higher but part time)

I can't really give an opinion on the wider context because there are too many variables but specifically on the pension if he's unemployed and needs it for living expenses that would probably be deemed reasonable. A court is also very unlikely to be interested in takeaways (for reckless spending, think more in terms of Bugatti than bhaji!). I actually read a case recently and although the judge told the party having takeaways, high energy bills etc that they were living beyond their means, it had no impact on the settlement.

@FSTraining
Thanks yet again I really appreciate it
I'm a bit stuck tbh
I'm not really in a position to start divorce proceedings (see above regarding debt and 3 teens)
For the past 18 months I've started to make a dent in the shit loads of debt
Im starting a full time job soon
Im really concerned tho that once im in a position to pay for divorce teens will be adults, DH will finally have been given sack, and I'll end up selling house to subsidise him

Yes, it's seldom a good idea to delay a divorce and it sounds like you would be better off taking a loan against the house and getting on with it before the pension is gone. It might be better for him too. Liquidating a pension is not tax efficient. You would both be better off in the long run if he gives you some of the pension in return for some of the proceeds of the equity.

@FSTraining
Thanks again
I've made a free 20 mins appointment with a solicitor just to check my understanding
I'd sort of thought "worst scenario " would be 50:50 (bearing in mind teens) but now realise he could in fact go for more
Sadly remortgage will take me in till 74 years old
Nice when I've already been paying it for 28 years 🤔

Shame the solicitor I saw this time last year didn't highlight this tbh

I'd just be getting the divorce over with and then moving onwards with your own life. At point of divorce financial order I thought all debt was joint. If you clear your debt and he doesn't if you divorce in further I think you'll just get lumbered with half his debt. If marriage is over formalise it with divorce and financial order.

Agreed you need to find a way to divorce now. You can spend the next few years getting rid of debt and improving your finaincial position while he runs down everything he has. Then you have to give him potentially over half of what you've gained.

Right now lots of debt, teens are teens but that means they can choose where they want to live and they have to be housed. Right now you could get more equity in house - you need to house kids and he has a place to live with his parents. If you waited until they're over 18 they don't need to be housed as far as courts are concerned and the judge could rule you sell the house and go 50/50 so you can each buy a much smaller 1/2 bed place. If you have a good job and hes unemployed no pension the judge could even award him majority equity.

You can't afford to not divorce now before he runs himself into the ground.

Thanks all
@HowcanIhelp123
That's it exactly
And it's how he operates
Still in red, despite almost 0 costs and at moment is employed

Really pissed off solicitors didn't highlight this to me last year
They were more interested in setting up direct debit of £150/ month to start process

Free consultations from solicitors are to market the firm to you, not to provide legal advice. You will find the advice you get is much more tailored once you've paid for it.

It was the open-ended £150/ month that scarred me
Almost exactly the amount I have left after essential bills
So could manage for a few months but not indefinitely
There was a poster on here at the time who was paying that, and nothing much had been resolved after a full year
The only thing she could do was cut her loses and start again with n different solicitor. Just couldn't risk that.
Looking at local solicitors I need around £1k just to start the process (£550 court fees and initial charges)
Still unable to get any clear information from DICKHEAD DH, so not strict forward or easy <£££££>
Thanks for your advice

You don't need a solicitor on a retainer to go through a divorce. File the online no fault divorce application, go to mediation and if you agree draw up a consent order and just hire a solicitor to check it over before you sign it.

Divorce only becomes expensive if one party is evasive or the parties cannot agree.

Wouldn't I be liable for mediation payments tho?

You get something like £450 towards mediation as a government grant and then would normally share costs 50/50. If one of you qualifies for legal aid this can make it cheaper to (unlike legal aid for court, legal aid for mediation is solely based on income and there doesn't have to be a history of domestic abuse to qualify).

I did specifically ask several local solicitors about legal aid was was told no

I guess if you're earning enough to pay a mortgage you probably do earn too much to be honest. My ex-wife qualified because she was only earning part time at that point and it meant I got the full mediation grant towards my share of the costs.

It might still be worth pursuing though, even if you have to put it on a credit card. It's cheaper than half a house when his pension runs out.

Could you do the reverse yourself?
I devour Ed my husband myself. I downloaded the forms from the internet filled and filed myself. All together it was just under 400. However that was over about 18 months. You only pay filing fees for each section.

Bloody hell.

He won't agree to anything I put forwards even a ball park figure, so will need solicitor
If it's means tested, he'll probs get legal aid

If he's not working or low income he will. I honestly wouldn't leave it if I were you.

Sorry was typing without looking.

File the divorce yourself. Download the online help pack. Fill the forms and file with the courts.

The fees are split for each part of the process so you don't pay it all at once.

I divorced my husband this way because we agreed 50/50 split. I was looking to start a business and needed to be free from him before I could safely do it.

@FSTraining is wrong. He will only get legal aid if he has evidence that he is the victim of domestic abuse. Legal aid is not generally available for divorce or financial settlement.

I'm not wrong. My ex-wife got legal aid for mediation because of her income. She did not allege abuse. I think you are thinking of legal aid for court. Mediation would not normally be appropriate when there is abuse anyway.