separating from wife - unsure of how to proceed

mr-s_2

thanks for the posts above..they are really helpful : )

another question i'd have is how much pension from me would my wife be entitled to (based on being married for 5months?)... i've not got a large pension, only about 5yrs worth of contributions

also, who picks up the cost for the solicitor - am i responsible for costs of the wife's solicitor?

again, apologies if these are silly questions !!

zzzLazyDaisy

Every case is different - but as a general rule each party pays their own legal fees, unless one party is being obstructive or failing to comply with court orders etc, in which case the court might make an order for costs against them.

You seem to be sorting things out reasonably amicably, so you should be able to agree on costs.

Re pension - it is usual for the solicitor to instruct an actuary to work out how much of the pension must be paid over. It is possible to instruct an actuary jointly, thus splitting the fees. As it is a small pension, it may be possible to agree a payment (or maybe a larger share in the property) to 'buy out' the pension splitting rights based on a valuation from your pension scheme providers.

whatgoesaround_2

Does she have her own pension?
As far as my research into this in scotland goes she is only entitled to half of yours or half of the difference between both of yours for the period of marriage to date of seperation. It will not be a substantial amount for only 5 months unless you are on mega bucks.
It should be noted that they only give her the value if she was removing those funds from the pension pot today and not what those same moneys would be worth had they been invested for the life of the pension, key because it is substantially less.
I would however say again that if you can keep things amicable and she really does want a split of your "small" pension it is in your best interest to give her the equivalant money in cash if possible and keep your money in your pension pot untill maturity as you get the bigger return on the investment.
It costs £110 just to get a pension valued.
Roughly work out what you pay in each month x5 = lump sum for her ( based on the assumption that your pension provider matches your payment %, you no longer have to divide by 2) and you can save the £110 straight away.
Hope your doing ok. x

mr-s_2

whatgoesaround & zzzLazyDaisy - the information you have supplied above is really helpful, many thanks

i'm quite upbeat considering but it's the fear of not knowing things & solicitors etc that i'm worried about

i'm not on mega-bucks, far from it, so my pension isn't worth a great deal.

the calculation for the pension value seems straightforward enough - would there not be any claim from the wife for the time we lived together but were not married (i.e. 4.5yrs of pension contributions)?

zzzLazyDaisy

whatgoesaround wrote: »

As far as my research into this in scotland goes she is only entitled to half of yours or half of the difference between both of yours for the period of marriage to date of seperation.

Please note: for anyone reading - this OP is in Scotland - the law in England and Wales is completely different on this point.

Entitlement to a share of property and assets does not cease on separation as it does in Scotland, but on the date when the ancilliary relief proceedings are finalised, which can be years after the couple have parted, in some cases. As long as the couple are still married in law, rights continue to accrue, even if they are living apart.

Certainly as far as pension splitting rights are concerned, the relevant date is the date of the agreement or court order in the proceedings and not the date of separation which could be months or even years earlier.

Similarly, the courts have the power to award a share in assets and property for a period prior to the date of the marriage, depending on the circumstances - for example a couple live together for 10 years, have two children, marry but later separate, the court has the power to award a higher share of the matrimonial home to the parent with care of the children, regardless of the length of the marriage.

This is a major difference between Scots and English law - I have even known a Scottish friend to relocate to England so he could get his divorce under English law, and so get a larger share of the matrimonial home that he left five years earlier (this was in the days when property prices were rising fast, and there was a significant difference in the two scenarios).

Edited for clarification

zzzLazyDaisy

mr-s wrote: »

would there not be any claim from the wife for the time we lived together but were not married (i.e. 4.5yrs of pension contributions)?

Sorry, I don't know the answer to this question, you'd have to ask your solicitor - or maybe someone more knowledgeable will be along shortly.

But I do know that (as mentioned above) she continues to retain a stake in your pension for as long as you are legally married - the calculation does not stop at the date of separation, as it does in Scotland.

mr-s_2

zzzLazyDaisy wrote: »

But I do know that (as mentioned above) she continues to retain a stake in your pension for as long as you are legally married - the calculation does not stop at the date of separation, as it does in Scotland.

Hi - i'm not sure i understand this - we are based in scotland. to be honest the pension isn't massive anyway so i'm not too worried about that (i.e. if i was to lose half)

zzzLazyDaisy

mr-s wrote: »

Hi - i'm not sure i understand this - we are based in scotland. to be honest the pension isn't massive anyway so i'm not too worried about that (i.e. if i was to lose half)

OH! I am so sorry, I complete forgot about you being in Scotland (I have flu at the moment and am full of brain fog).

In that case, yes, as far as I know she can only claim a share of your pension from the date of the marriage to the date of separation - BUT I am not an expert on these things and even less so where Scots law is concerned, so do check with your solicitor. Apologies again!

whatgoesaround_2

Hi mr-s
I was worried about my pension in regards to having been with my partner for 5 years before i got married. It is only between marraige date and date of separation in scotland. Also money until date of seperation. Anything you earn now after separation date is yours and she is not entitled to a share - However it should be noted that if you have a joint bank account she can still help herself and theres nothing you can do about it, so open seperate one and get wages paid in there if you did have a joint account.

Each party in scotland is responsible for their own solicitors fee's.
The court can order costs onto the other party however they dont unless there is clear evidence of wrong doing in terms of wasting court time/increasing costs unnecciserily, rather than the reason or unreasonable behavior of either party.
I only hope that you can stay amicable and not involve the court's at all. 1 year down the line and I have a paid bill so far of £2k and am now having to apply for legal aid where contributions could be another £3k. The most stupid part is it hasnt even got to the initial hearing!!!
Im happy to answer any other questions you have to the best of my knowledge.
I hope you are doing fine.