Anyone with legal knowledge?

Gigglepig

Would your friend be prepared to offer her a stake in his pension and army lump sum payment instead? She might be interested, but I bet it will cost him a lot more than £15k....

When he signed this agreement he must have had an idea of how he was going to pay her?

Pollycat

Tancred wrote: »

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!

But it doesn't matter what your 'issue' or opinion or viewpoint is.
And it doesn't matter whether you are convinced of anything or not convinced.
Lunacy or not, I'd like to see you argue the toss in court.
I'll supply the snacks. :rotfl:

rpc

Tancred wrote: »

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

The sharing of assets that come with marriage is easily avoided - don't get married. Marriage is a legal and financial partnership (forget all that romance nonsense). If you don't want to be partnered in that way, don't sign...

mgdavid

Tancred wrote: »

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!

In what way is this helpful to the OP and their current question?

fluffnutter

What a tedious thread. OP getting narky at perfectly reasonable response. Why she's getting so bent out of shape about something that doesn't even affect her is beyond me. Unless of course the 'friend' is her new fella...

To add to that particular misery we've got outraged male whining about women having an entitlement to their husbands' pensions. A pension he's been able to build up whilst she's spent 15 years putting her career on hold to bring up kids that are his too. Where's her opportunity to build up a nice big pension pot?

Honestly, some people. Moaning bloody minnies.

shoe*diva79

Evening

Both have pensions amounting to around the same amount as they are both military, same job etc which I believe is one of the reasons she didnt want any of his because obviously he would have been entitled to hers as well so they are just keeping their own. No house - lived in RAF accom for all of marriage. Both now privately renting. No car worth any money or anything else expensive.

Fluff - she hasnt taken a career break to bring up their children (2 of them) they are on a even keel so to speak.

Luckily they still get on fairly well so it will hopefully have a happy ending which doesn't involve my friend getting into thousands of pounds worth of debt for several years which could seriously affect his relationship with his children.

shoe*diva79

Gigglepig wrote: »

Would your friend be prepared to offer her a stake in his pension and army lump sum payment instead? She might be interested, but I bet it will cost him a lot more than £15k....

When he signed this agreement he must have had an idea of how he was going to pay her?

Yes to both parts. She has turned down the pension/lump sum and he thought he would get a loan for the money but has been turned down. He didnt try earlier to get a loan because he didnt think he would be given just 5 days to get the money together.

Pollycat

shoe*diva79 wrote: »

Evening

Both have pensions amounting to around the same amount as they are both military, same job etc which I believe is one of the reasons she didnt want any of his because obviously he would have been entitled to hers as well so they are just keeping their own. No house - lived in RAF accom for all of marriage. Both now privately renting. No car worth any money or anything else expensive.

Fluff - she hasnt taken a career break to bring up their children (2 of them) they are on a even keel so to speak.

Luckily they still get on fairly well so it will hopefully have a happy ending which doesn't involve my friend getting into thousands of pounds worth of debt for several years which could seriously affect his relationship with his children.

Now if you'd posted all of this in your first post, replies would have been different.

Drip-feeding information - and then getting, as fluffnutter refers to it "narky at perfectly reasonable response" is very tedious.

Yes, your friend's pension & lump sum are marital assets but from what you have recently posted, she has similar assets which may cancel each other out to a great degree.

It's the first time you've even mentioned there are kids from the marriage!

shoe*diva79

Because it wasn't really relevant to my original question which was what happens if he cannot pay the agreed amount in one lump sum.

mgdavid

shoe*diva79 wrote: »

Because it wasn't really relevant to my original question .......

it was, because if you'd posted all of this in your first post, replies would have been different.

The simple answer to your Q is, he goes to court etc.
The better answer is - what actions can he take and what consequent different/better outcomes might there be? Which is what others have tried to answer but had insufficient details..