Divorce Petition & Financial Settlement (Retired)

Little-Womble

Not sure if this is the correct forum, but a member of the site team may move it if there is a more appropriate forum.

Just to give a brief overview of the issue at hand:

I am living with my partner who is in the process of getting divorced. (We are living in my house and my teenage kids are living with us. I am divorced from their father.)

My partner is retired and is drawing his pension. He has got two pensions from employments plus his usual state pension.
He has got property abroad ( jointly owned with his ex which they currently rent out to pay the associated mortgage ) They have no other assets or property in the UK. The divorce is proceeding on the 2 year separation clause by mutual agreement.
His ex wife is younger and in full time employment, their children are both grown up and don't come into this anymore.

My partner is the respondent in the divorce and his ex wife the petitioner. He gave her the money to fund the divorce and to pay for her solicitor, so far she had just over £600.- out of an account that is in joint names and is basically not used anymore. He put money into it from his pension and she used a cheque drawn on that account to pay for the divorce costs. This was agreed between them so no problem.

He also cashed in another pension he had under the new pension rules to give her a lumpsum as part of the divorce financial settlement.
He also agreed to monthly payments to her from his pension which I believe he is already making although she is working full time.
I understand these things were agreed between them before the divorce proceedings started to speed things up. They also agreed on the house abroad to go 50/50 on it as neither wants to keep it. So they are hoping of eventually selling it to their current tenant or putting it on the market when the tenancy ends.

He has now received the divorce petition from the family court and we had a look at it yesterday. There are some aspects in it that are a bit of a worry though.
The petition requests that a cost order be made against the respondent (my partner) for the legal costs and the divorce costs, but he has already paid these anyway by giving the money to his ex to start proceedings in the first place.

Also as part of the financial settlement the petition shows that the petitioner is requesting

- a lumpsum
- share of his pension under the relevant laws and regulations
- periodical payments
- sustenance payments
-property order

Basically they ticked all the boxes on the relevant form and I am not sure if she is really entitled to all of this.
My partner is a bit naive with this and thinks his ex wouldn't do anything unfair , but I am not sure whether he fully understands the implications.

As my partner is retired and his ex is working full time is she entitled to maintenance payments plus a share of his pension, as the maintenance payments would be coming out of his pension already as he has no income anymore otherwise.

She already had a lumpsum payment from another pension that he cashed in, would that be taken into consideration, I am not sure whether the petition means she wants more now ? (another lumpsum payment).

Also can a UK court make a property order on a house abroad ? As we are living in my house I am a bit worried that she thinks she can have a share of that too.

My partner is currently reluctant to see a solicitor himself due to the costs involved (he already paid the court costs and legal fees of his ex so far).

Has anybody got some experience with this ?

RAS

UK does not help her.

Which country do the relevant parties live in; Scottish law is very different?

And read JackRS' thread (long long story), https://forums.moneysavingexpert.com/discussion/4556575

Depending on the respective incomes I think he might want to ask her for maintenance? But that would just wind things up.

To note that a divorce can be DIY at a cost of about £400. Financial settlement really they should both be contributing.

Little-Womble

Thanks for that, I will have a look at the other thread you have suggested.
We live in England (not Scotland). My partner and his ex have got a house in Spain (holiday home) which they are currently renting out.

His ex told him she needed £600.- to start court proceedings and to pay for the solicitor and he provided that money to her.
He has now ticked on the court response form that he is objecting to having a cost order made against him as he already paid for the costs and would be able to prove this if required.

RAS

OK

The consent order would be based on 50% share of assets and debts including the overseas property. That includes pensions (his and hers) and savings but would would be adjusted to take into account earning potential.

He has none, she is working, so should not expect spousal maintenance unless his pension income exceeds her earnings.

He was unwise to give her the lump sum prior to the financial settlement as that may not be taken into account.

Little-Womble

RAS wrote: »

Depending on the respective incomes I think he might want to ask her for maintenance?
.

That's what I thought, but I didn't say anything.

Little-Womble

RAS wrote: »

OK

He was unwise to give her the lump sum prior to the financial settlement as that may not be taken into account.

I know , he said it was under the understanding that that was 'the' lumpsum and part of his pension , but he never put that in writing or had it done through a solicitor. He cashed in one of his pensions and just gave her half of it. A few months later he gets the divorce petition asking for a lumpsum and pension adjustments and maintenance payments.
The way I see it she is asking for money out of his pensions three times over (maintenance , lumpsum and pension adjustment. All this would have to come out of his pensions as he is not earning anymore) I have a feeling he is about to get royally fleeced without noticing it.

RAS

He needs to find the evidence that he has already cashed in the pension and given her a lump sum.

bouicca21

It's customary to tick all the boxes. It doesn't mean that she really wants all those things, so don't panic, continue to negotiate amicably.

RAS

He might be advised to write to her and offer mediation. If she refuses that does not look great in court (but he wants to avoid court if possible).

TBagpuss

The fact that all the boxes are ticked is not concerning, that is normal. She isn't actually making those applications at this stage, she is reserving the option to apply if she needs to do so. It's normal, and in the consent order all applications are formally dismissed.
There is a presumption that he has made similar applications although there isn't a specific set of boxes on the acknowledgement form.
It's also fairly common to include a claim for costs on the petition, and then withdraw it when applying for the decree nisi, as this leaves option to pursue costs if the Responde tis uncooperative, for instance if you end up having to pay for personal service.
He could ask her to confim in writing that she will withdraw the costs claim when she applies for the DN, and he should answer the question on the acknowledgment by saying something such as "I object to an order for costs being granted as we have agreed that I will make a contribution of £600 towards the total costs, and that money has already been paid to the Petitioner"

In relation to a financial settlement, it is relatively unusual to have ongoing Spousal maintenance - in the situation you describe where your partner is retired and his wife is younger, working full time and able to continue to do so it is unlikely to be appropriate. She *might * be entitled to a pension sharing order but that would depend on the value of her own pension, her income and earning capacity and your partner's financial situation.
How does her income compare with his? Unless his pension provides him with a significantly higher income than her earnings give her, it is highly unlikely that it would be reasonable for him to pay her maintenance for herself.
If her income is lower than his then it may be fair for her to have some maintenance, particularly in the short term. However, given that his pension is already in payment, it is unlikely that she would be entitled to a pension share and to maintenance.
How much younger is she?

I would very strongly recommend that you encourage your partner to speak to a family solicitor so that he can get some advice about what is reasonable, in relation to the finances. He can then make an informed decision. If he picks a solicitor who is a member of Resolution then they will encourage and support him to deal with things in a non-confrontational way, so he should not see getting some advice as something which is a hostile thing to do.
His wife may well not be intending to be unfair but if they have not taken proper advice about what they are planning they may end up with something which is unfair simply because they are not dully familiar with the effects and implications of what they plan (for instance, a 50/50 split of the pension is unlikely to achieve a fair outcome where there is a significant difference in their ages and where one person is drawing the pension and the other isn't)