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Divorce and pension

33 replies

SadBut · 07/09/2023 18:14

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?

OP posts:
FSTraining · 10/09/2023 20:33

Just to add, it's called Legal Aid for Family Mediation. It's the only thing you can get legal aid for in a divorce when there is no domestic abuse alleged. It can cover an intro session and the costs of the recipient for 2 other sessions plus legal advice drafting a consent order if agreed.

However, I believe the OP earns too much to be eligible.

SadBut · 10/09/2023 20:54

The things stopping going ahead are

  1. Unable to pay solicitors when H won't agree and therefore having spent £1000,s (on 3rd credit card which I've almost paid off) being unable to to progress
  2. House 8 years from been finally paid. On fixed rate till end.
Any re-mortgage in my name will be 2 years fixed rate then base rate. I could very easily be totally skint at end of 2 years and be unable to afford mortgage if rates rise again

Actually it's the house thing that's stopping me

OP posts:
prh47bridge · 10/09/2023 22:08

FSTraining · 10/09/2023 20:27

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.

I thought OP was talking about legal aid for divorce and financial settlement. Re-reading, I see I may have been wrong. Yes, legal aid is available for family mediation.

HowcanIhelp123 · 10/09/2023 22:13

SadBut · 10/09/2023 20:54

The things stopping going ahead are

  1. Unable to pay solicitors when H won't agree and therefore having spent £1000,s (on 3rd credit card which I've almost paid off) being unable to to progress
  2. House 8 years from been finally paid. On fixed rate till end.
Any re-mortgage in my name will be 2 years fixed rate then base rate. I could very easily be totally skint at end of 2 years and be unable to afford mortgage if rates rise again

Actually it's the house thing that's stopping me

Yes, but in 8 years you have paid it all off but exDH has nothing left, kids all 'adults' that don't need housing and you're told to sell the house and give exDH 75% of proceeds because you have a good job, pension and can get a mortgage on a 1 bed place suitable for your 'needs'. The longer you keep paying off the house the more money you're accumulating to hand over.

Somertime · 10/09/2023 22:16

But if you pay off the debts and house then he will most likely get half of all assets. If you divorce now you will have more money when completed. If he wont engage in mediation then you can include that in the forms to the court. You can do the forms yourself so just paying for the court fee. It's worth trying to do this as you will be better off in the long run.
And anyone who days It's so easy to just divorce nowadays has never had to do one. It will be awful but worthwhile. Good luck

Unex · 11/10/2023 12:30

Apologies for resurrecting thread
I've applied for divorce
Now need to sort finances
Is there an online company that would be suitable?
Wikivorce?
Divorce now?
What forms should I be completing

I'm pretty lost with it all tbh

Unex · 11/10/2023 12:47

This is OP (name change)

TizerorFizz · 11/10/2023 15:28

Mediation legal aid is capital and income assessed.

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