Pension in a divorce. Anyone?

sukysue

I dunno re the legal help, my bf is going through a divorce and she is currently on 5k (and rising), ie £100 per letter, solicitor fees and 2 years down the line still not divorced. They had to have mediation which you have to pay for before going to court even and this is insisted upon now .She may be better off just giving in to get rid of him he doesn't seem to be asking that much but if they went to court and the judge let her live in the house till the kids are 18 she may find the equity will have increased and it costs much much more if house prices increase over the years. It's a very sorry state of affairs and not easy for your ds good luck to her hope she gets it sorted to her satisfaction.

mgdavid

Mojisola wrote: »

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.

or, usually, until there is a trigger event, i.e. co-habitation or re-marriage, or the children wanting to move to the other parent (which they can do from 14).

keystone

A pension is an unrealisable asset in terms of a clean break unlike a house which can be sold and the equity divy'd up..

If the pot is £ 10k and the asset split is agreed at 50/50 (just for example) I believe that the current rule of thumb appears to be that the receiving party gets 25% of their 50% as a cash settlement in lieu of "something in the future" in respect of the pension. That allows a clean break to be made.

Cheers