Pension Sharing Orders

Marcon

Mareham said:

I believe that we both thought that the decree absolute was a final agreement ie that all financial issues  and assets had been resolved. The lesson for me is that I was unaware that this did not constitute a clear break. So whilst we had agreed in email correspondence and the decree absolute that everything had been resolved my ex wife has decided to make a claim now.

Doesn't mean her claim will succeed. I suspect you went the DIY route for your divorce; worth getting some legal advice now (and without delay). You really can't afford not to.

Mareham

Yes it was the DIY route . Thanks for advice.

eskbanker

Mareham said:

I believe that we both thought that the decree absolute was a final agreement ie that all financial issues  and assets had been resolved. The lesson for me is that I was unaware that this did not constitute a clear break. So whilst we had agreed in email correspondence and the decree absolute that everything had been resolved my ex wife has decided to make a claim now.

It seems a bit of a long shot, but perhaps worth showing all the agreements to a lawyer in case there is any room to make a case that they can be relied upon.

Having said that, the legal situation is clear that a decree absolute doesn't in itself resolve "all financial issues  and assets":

https://www.gov.uk/divorce/apply-for-a-decree-absolute

The decree absolute is the legal document that ends your marriage.

[...]

If you want a legally binding arrangement for dividing money and property you must apply to the court for this before you apply for a decree absolute.

https://www.gov.uk/money-property-when-relationship-ends

Making an agreement legally binding

If you and your ex-partner agree on how to divide money and property, you need to apply for a consent order to make it legally binding.

Mareham

Yes quite right that my ex does have rights. I was hoping that her avoidance of work that impacted on her eventual  small pension might be taken into account. In other words she did nothing to minimise the gap in our pensions. Thanks for the help.

Thrugelmir

Marcon said:

Mareham said:

I believe that we both thought that the decree absolute was a final agreement ie that all financial issues  and assets had been resolved. The lesson for me is that I was unaware that this did not constitute a clear break. So whilst we had agreed in email correspondence and the decree absolute that everything had been resolved my ex wife has decided to make a claim now.

Doesn't mean her claim will succeed. I suspect you went the DIY route for your divorce; worth getting some legal advice now (and without delay). You really can't afford not to.

For clarity.

Making your agreement legally binding

To make your agreement legally binding you need to draft a consent order and ask a court to approve it.

If your agreement is not legally binding, a court cannot enforce it if there are any issues later.

A consent order is a legal document that confirms your agreement. It explains how you’re going to divide up assets like:

• pensions
• property
• savings
• investments

It can also include arrangements for maintenance payments, including child maintenance.

You can get legal advice or ask a solicitor to draft a consent order for you.

https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

Pat38493

Silvertabby said:

Mareham said:

It is England

Then, in theory, all of your pension will be thrown in 'the pot' (in Scotland, the 28 years you accrued pre marriage would be ignored).

By the way, sorry to sidetrack this but what is this based on - where the money was earned, where the people were living, where they are living now or….?

For example if a couple lived in England when they were married but one or other or both moved to Scotland by the time this action was take ?

WYSPECIAL

Mareham said:

Yes quite right that my ex does have rights. I was hoping that her avoidance of work that impacted on her eventual  small pension might be taken into account. In other words she did nothing to minimise the gap in our pensions. Thanks for the help.

All contribution should to a marriage are seen as equal so no, her choosing to work part time won’t have a bearing on the outcome.

Decree Absolute ends the marriage. It has nothing to do with the financial side of the divorce which is a separate application.

DairyQueen

This was a 'long marriage' and, as such, all assets (acquired pre and during marriage) of the parties will likely be considered marital assets. The needs (housing, income), ages and earning capacity of each of the parties are relevant. Highly unlikely that a court would agree to anything less than a 50/50 split of all pensions collectively accrued pre-separation in the context of a 25-year marriage. Indeed, if one party has a higher SP then that may also be taken into consideration.

Domestic contribution has been considered equal to earning since White v White. 

I suspect that the ex has taken legal advice and belatedly realises that she has been short-changed in the pensions department. If I was OP I would try to reach an agreement over pension sharing in order to save on legal costs as ex's case appears to be superficially strong. So far, OP has not provided any grounds that may allow for a deviation from 50/50. Indeed, the court may go higher depending on the circumstances of the parties. 

DIY divorce is somewhat akin to DIY will-making.... fraught with danger. A court order is essential for the vast majority.

Mareham

Thank you Dairy Queen. That really makes my situation clear albeit difficult to digest when I apply the personal circumstances.Law and morals are very different! I read something from Sir Paul Coleridge ( sorry no dates) who advised  that even the primary carer who has spent time out of the job market would be expected to make efforts to make themselves financially independent when children become adult to at least minimise the requirement for financial support. I am now assuming that your reference to White v White is latest case law ?

Cheese1990

What the courts will explore give such a long marriage is that each party can maintain a similar lifestyle to the one they had during their marriage