Can my ex claim my pension if I re-marry

Salopiansid

No, she earns a lot more than me, I have the child 3 days ans she has her 4, she gets all the child allowance. I am on income support

prowla

Salopiansid wrote: »

No, she earns a lot more than me, I have the child 3 days ans she has her 4, she gets all the child allowance. I am on income support

So, you mention "her share", which kind of says all that needs to be said.

However, since she earns more than you, presumably you would likewise be entitled to your share of hers...

Muscle750

With no solicitor i think you may well need to seek one ............rapid at least your still talking

WillowCat

Salopiansid wrote: »

We sold the house and split the money. So she can still go for my pension if I get married(she doesnt have one) but are you saying she can also go for anything else that I have now?

Yes, until you have an court order (either by consent if you reach an agreement, or an order decided by a judge if you don't) everything is in the pot.

You can of course argue that the house equity is settled, but as I said above unless you can show that the agreement is valid (so there would have to have been disclosure of assets, no duress, preferably legal advice so she knew what she was giving up, etc) the equity could still be redistributed. Assuming of course it hasn't all been spent, which is a whole other issue again.

Number75

If I were her, I would simply argue that the house equity decision was made in order to move forward practically for you both to be housed separately - and was never intended to be the full and final financial settlement between you.

Why on earth didn't you get a proper Consent Order sorted out?!

(this isn't your fault: but I do wish that the divorce process was changed such that a Decree Absolute could not be issued without a Consent Order in place)

You mention the impact of your remarriage... I wonder if you're getting confused with *her* remarriage? I believe that is she were to remarry, she loses the right to apply for a Consent Order. She doesn't lose the right if you remarry.

You need to slow down with thoughts of remarriage, and finish tying up the loose ends of your last marriage first! Even with the income discrepancy now, if she doesn't have any pension provision because she stopped working to raise your (plural) child then she could well have both a legal and moral right to a share.

She may not even be going back on an agreement maliciously - sounds like neither of you took proper legal advice and you both may have made decisions without full knowledge of what could and should be considered.

atush

She has a claim on your pension, but you probably have a claim to spousal support.

Manxman_in_exile

Salopiansid wrote: »

There was nothing official done, just a mutual agrrment

Are you certain you are divorced?

Finst

There are two legal parts to a divorce in the UK. One is the termination of the marriage (Decree nisi / decree absolute) allowing you to remarry, the other is the financial termination which stops the other party demanding a share of your assets (Financial Order or Consent Order).


It sounds like you don't have a Financial Order or Consent Order and therefore you or you ex can make a claim on the other's assets. You need to go speak to a solicitor. Now.

westv

Isn't there a 7 year limit on any claims after divorce?

Peter314

westv wrote: »

Isn't there a 7 year limit on any claims after divorce?

Apparently not...
http://www.mirror.co.uk/news/uk-news/divorcee-who-blew-settlement-money-9769361