Pension in a divorce. Anyone?

tiredredhead

Hi, any help much appreciated.
My sister is getting divorced, background - control freak husband, emotional and mental abuse, two children, one house with small amount of equity. She has a pension she has paid into since 16 years old now 31 years old. He has no pension instead he preferred to spend his money on football tickets and beer. They are trying to avoid expensive solicitors as there is so little equity in the house and they both want to buy properties separately. At the moment he is asking for 45% share of equity and over £3K extra for her pension. I think by taking this away from her he is spiting his children as she will have less to spend on a new house.

They have only been married 6 years surely he is only entitled to a percentage of what she has built up in her pot in that time?

Would the courts take into account the fact that he chose to not invest in a pension instead spending his money elsewhere into account?
He has already said he is buying himself a new car so that the CSA will get less out of him. Nice man. Not.

BitterAndTwisted

What you bring into a marriage and what assets you acquire during it belongs to both partners equally, so it must have appeared to have been a joint-decision for her to continue with her pension contributions and him not to have one, even if that wasn't the case in reality.

His contributions via CSA will be based on his earnings and not on whether he's just bought an expensive vehicle or not.


What they should do about the equity in the property depends on the mother's ability to provide a roof over he childrens' heads. In some divorces the property remains in joint-ownership and is only sold once the children are no longer dependents. This, of course, could preclude the husband from being able to get a mortgage on another property for quite a long time.

If the two parties cannot agree on the division of assets, then they should attempt mediation before court.

tiredredhead

Great Thanks. He wants to avoid mediation -as it costs.
He just wants her to roll over and give in to him.
The children come first and they should be adequately provided for, but he doesn't see it like that unfortunately, she may not have a choice the courts will have to decide.

Rebecca01

Have a look on wikivorce. There is lots of information on there and lots of helpful forum members.

Dunroamin

tiredredhead wrote: »

Hi, any help much appreciated.
My sister is getting divorced, background - control freak husband, emotional and mental abuse, two children, one house with small amount of equity. She has a pension she has paid into since 16 years old now 31 years old. He has no pension instead he preferred to spend his money on football tickets and beer. They are trying to avoid expensive solicitors as there is so little equity in the house and they both want to buy properties separately. At the moment he is asking for 45% share of equity and over £3K extra for her pension. I think by taking this away from her he is spiting his children as she will have less to spend on a new house.

They have only been married 6 years surely he is only entitled to a percentage of what she has built up in her pot in that time?

Would the courts take into account the fact that he chose to not invest in a pension instead spending his money elsewhere into account?
He has already said he is buying himself a new car so that the CSA will get less out of him. Nice man. Not.

Don't forget that she'll receive all the child related benefits and maintenance from him as well. All he'll have is his earnings.

Mojisola

tiredredhead wrote: »

My sister is getting divorced, background - control freak husband, emotional and mental abuse, two children, one house with small amount of equity.

There's no way I would do this without legal support - this man isn't going to become amenable and adult about the sharing out if he has a history of emotional abuse.

Does she want to leave the house? In most cases a court would allow the PWC and the children to stay in the family home until the youngest reaches 18. The other parent would have to wait for their share of the equity until then.

pinkshoes

How much is in the pension pot? £3k doesn't sound like he's asking for a huge amount so if this is around or less than 40%, accept and get it in writing!

tiredredhead

We're not sure as he has stolen the paperwork. Will try and get it back.

They were also overpaid tax credits a few years ago not their fault but he insists that he is not liable for this and the debt has to come out of my sisters income only.
Its basically all his way, he is totally unreasonable.

She has involved Womens Aid and will be having legal advice via them next week about housing and children etc.

margaretclare

tiredredhead wrote: »

Great Thanks. He wants to avoid mediation -as it costs.
He just wants her to roll over and give in to him.
The children come first and they should be adequately provided for, but he doesn't see it like that unfortunately, she may not have a choice the courts will have to decide.

I could be wrong, but I thought the courts insisted on mediation before divorce nowadays.

I think it may be a false economy for her to try to do this all on her own without qualified legal help.

Mojisola

margaretclare wrote: »

I could be wrong, but I thought the courts insisted on mediation before divorce nowadays.

I think it may be a false economy for her to try to do this all on her own without qualified legal help.

And a lot more stressful!

princeofpounds

What you bring into a marriage and what assets you acquire during it belongs to both partners equally, so it must have appeared to have been a joint-decision for her to continue with her pension contributions and him not to have one, even if that wasn't the case in reality.

Not quite true; for a short marriage the split may not be 50/50. Though in this case that is unlikely to apply I would think.

I'd suggest one appointment with a solicitor to understand the general 'rules' around the assets they have. This will mean she can negotiate with confidence.

Because to be honest it sounds like he is offering a very good deal, not a bad one; less than half the equity and a token sum for a pension I presume is worth far more than 6k