Anyone with legal knowledge?

RAS

He needs to go back to the court and ask for more time to pay. And then make arrangement that actually allow him to pay. Probably time to get a solicitor now.

Tancred

Divorces are nasty situations, and the government has done nothing to improve matters. Best to always try to part amicably and at least maintain a friendship with the ex partner, even if you are furious with them. The less lawyers are involved, the better.

andygb

shoe*diva79 wrote: »

He is very happy to pay her the £15k, he just hasn't funds to do so. And certainly not by tomorrow which is what the letter he received on Thursday says he has to do. She is aware of this as well. The pension and lump sum don't really come into the equation as she already said she does not want any of it, she just wants £15k now.

Why on earth would anyone be "very happy" to give someone else £15K if they did not have that money?
You say that there are no assets, but is there a house? Has he got a car?
A court would not expect someone to get a loan to pay costs like this, they would determine what the person can honestly afford, by doing a very simple income and expenditure account.

RAS

His military pension is an asset (as will be the lump sum he gets when leaving the army).

Tancred

RAS wrote: »

His military pension is an asset (as will be the lump sum he gets when leaving the army).

But it's his asset, not hers. If she also has an employer's pension then that would also need to be taken into consideration.

RAS

Any pension either have accrued is an asset of the marriage. Both can be shared.

Sounds like this guy failed to take legal advice and has got himself in a mess.

Tancred

RAS wrote: »

Any pension either have accrued is an asset of the marriage. Both can be shared.

Sounds like this guy failed to take legal advice and has got himself in a mess.

An asset of the marriage? What a load of tosh. Yes, according to the distorted law we have in this country, but if I have contributed to a pension all my working life then it should be mine and mine alone.

Pollycat

Tancred wrote: »

But it's his asset, not hers. If she also has an employer's pension then that would also need to be taken into consideration.

It will depend when it started and ended.

My friend received a share of her ex's pension contributions from the time she and her ex were together.

I agree about the ex-wife's pension - if she has one - but maybe that was never brought into the mix because the OP's friend didn't take legal advice.

Pollycat

Tancred wrote: »

An asset of the marriage? What a load of tosh. Yes, according to the distorted law we have in this country, but if I have contributed to a pension all my working life then it should be mine and mine alone.

Yes, law!

Distorted law or not.
Tosh or not.

You may think that the pension you have contributed to all your working life should be yours and yours alone - but you will get a nasty shock if ever your wife/husband (if you have one) decides to divorce you.

ETA:
You may wish to read this:
http://www.hmrc.gov.uk/manuals/eimanual/eim74010.htm

Tancred

Pollycat wrote: »

Yes, law!

Distorted law or not.
Tosh or not.

You may think that the pension you have contributed to all your working life should be yours and yours alone - but you will get a nasty shock if ever your wife/husband (if you have one) decides to divorce you.

ETA:
You may wish to read this:
http://www.hmrc.gov.uk/manuals/eimanual/eim74010.htm

I am well aware of the law, but my issue is that it should reflect the reality of relationships. I am not currently convinced that it does so. Therefore if two people of different economic circumstances get married, then one ends up being a big loser if the other wants a divorce. I think this is lunacy. It's an encouragement for less successful people to pilfer the pockets of those who have achieved more, for no other reason than the fact they have been married. Hardly an encouragement to save for a pension!

My advice to all successful people would be to talk to a Swiss banker before getting married!