Divorce settlement

[Newwayofthinking]

Quick question...

DH and DW Married 34 yrs
3 x grown up children
No house

DW - 52yrs old, worked FT 1yr and PT 16yrs
(Public Sector Pension and State Pension due at 60)
Rents 2 bed flat
Kept or sold all of their previous rented 3 bed house furniture and belongings, worth £20,000
Gets UC, Housing and PIP

DH - 53yrs old, worked all life, but 30yrs police (Pension Due Jan 2021 and State Pension at 60)
Rents room in house
Will retire and not work from Jan

Divorce is currently going through, both agree.

Pension Lump sum from DH will pay off £45,000 debt

Can DW ask for a full and final settlement where she only asks DH for £6,000, keeps her own pension and doesn't ask for anything else.

DH will give 3 x Children a share of pension lump sum as deposits for property.

If proposal agreed through mediation, would a divorce judge accept the above?

Yes I think so. If agreed mutually. I cant see anything here which significantly disadvantages one party and also given kids have grown up.

Maybe missing the point but where are you getting state pensions at 60? I thought the minimum was 66 from this October?

I’d be amazed if the furniture for an average 3 bed house could be sold and raise 20k.

Why will the Dh Retire at 54?

How do their both get their state pension at 60?

Why are you giving deposits to grown-up children when you haven't got a house yourself?

YY, wnat kind of adult child would take their parents ( not just their fathers ) pension and leave them both renting ?

Depends on the value of the pensions!

The state pension age for men & women increased to 66 this year

Depending on someone's age their state retirement age could be 67 or 68 or older

You can check via the Government Gateway on www.gov.uk under state pension using your National Insurance number

Police pensions can be huge, even with a lump sum. At 54, he has every chance to pick up a new, lucrative job for the following 10-15 years plus pension leaving him in a much better situation.

Grown up children should not be considered (as such) as part of divorce finances, especially if the wife is in a much poorer situation.

You can agree anything in médiation. A judge will consider both party's positions and I'd expect to be called in to discuss this proposal as it seems very unfairly split in husband's/grown up children's favour.

Second hand furniture doesn't cost £20k.

Have you had a full cetv for the police pension?

Apologies state pension can be drawn at 67

DH pension in Jan (police)
DW pension at 60 (work)

Have you had a full cetv for the police pension?

Yes This has been done.

When DH and DW were together they always promised the children money to help them get on the property ladder and don't feel they can go back on this now.

So they both want to help the children out with the lump sum.

DW was partial to buying lots and lots of expensive gadgets, kitchen aids, etc, so the "furniture/items" were very much worth a lot of money.

I think the question has been answered, in that the judge would want to see if we were both happy face to face.

They’d need to demonstrate that both had had independent legal advice, both were in agreement ( without undue pressure) and that one party wasn’t taking 100% leaving the other with nothing - they want to consider it ’fair’
If this is the case they should be able to agree themselves

@millymollymoomoo

They’d need to demonstrate that both had had independent legal advice, both were in agreement ( without undue pressure) and that one party wasn’t taking 100% leaving the other with nothing - they want to consider it ’fair’ If this is the case they should be able to agree themselves

Thank you, to everyone who replied.

It doesn't Look fair.

But is being proposed by DW

The work pensions need to be valued. Your full time police pension will be worth many times that of your wife’s part time for 18 years private pension.

I’m sure the receipts can be produced for the Sale of the 20K worth of second hand kitchen gadgets that they both owned and used.

All the assets should be divided fairly, which is probably more than half to the wife as she gave up her Education and career to raise his kids and no doubt do his Share of the housework.

Then each parent can decide what to give their adult children out of their own share.

It should not be seen as a three way split where the wife is pressurised to give up some of her share of the marital assets to the children.

She isn't being pressured, she is proposing she only take £6000 and her own pension.

This is so she can keep her UC and HB.

DH did all house keeping, cooking, shopping and looking after the children (packed lunches, taking to school, bath time (shifts allowing)

If both parties are in agreement and a judge doesn't think there's coercion etc then generally they agree. To avoid the hb/uc issue he could pay a small monthly allowance below the threshold it would attract benefits to be clawed back. Unless the uc is in the support group, there's no guarantee she won't be made to look for work. If I were her I would leave finances open and just file online for divorce, that way nobody will look at their private agreement but if circumstances change she can reopen the settlement (it's what I'm doing)

Both want full and final
Both are seeing other people and marriage may be on the cards for both.