Pension and divorce advice

Mae85

Yes I did realise this. And in regards of the spousal maintenance- she has the bigger income so surely he should be getting it off her?

Brynsam

Mae85 wrote: »

Yes I did realise this. And in regards of the spousal maintenance- she has the bigger income so surely he should be getting it off her?

No guarantee that either party will get any sort of maintenance if no children are involved.

Mae85

There are 2 involved which he already pays maintenance for .

Terry_Towelling

You definitely need some legal advice. CAB should give you some pointers but many solicitors will give you a free consultation to start with.

As others have suggested, a pension is an asset and so there is the potential for a claim to be made against it and, similarly, if she has a pension, your OH will have similar rights.

I think once a pension is in payment things change because it is no longer an asset as such but income instead.

Something that occurs to me is she may be possibly intending to suggest that your OH takes all of the £50K debt in exchange for which she will not make any claim against his pension asset. I'm only guessing but that is the sort of 'bargaining' that goes on. Your OH definitely needs to know what her assets are so you will at least be on a level playing field.

crv1963

Mae85


As has been suggested try to get some legal advice- even a free half hour so that the process of divorce is clearer for you both. You may have a read of threads on this UK site, or post a question if you register to it.
http://www.terry.co.uk/uk_divorce_forum.html


You could also research McKenzie Friend who help people with no legal knowledge with court cases, not used them myself so I cannot vouch for the service or effectiveness.


You could also download and try to complete a Form E, which you will have to do when it goes to court.


As for your partners spouse ticking that particular box it is almost certainly so that if it emerges he has lots hidden away in a pension scheme his soon to be ex-spouse can make a claim against it. If she had not ticked the box and it emerges there are lots of money saved she didn't know about she could not go back and say "I want some of that".


The divorce process is supposed to leave each party on an equal footing regarding the marital assets but can be a daunting process and certainly not feel that way to either party.

Mae85

Thanks for all this it!!!8217;s been helpful.
She will most definitely have a pension as she works for NHS so we need to look into this

Brynsam

Looking at some of your questions, I wonder if you've seen this helpful and very straightforward guide: https://www.moneyadviceservice.org.uk/en/articles/diy-do-it-yourself-divorce-or-dissolution

If not, well worth a read.