Divorce and pension sharing 8 February 2022 at 11:21PM in Marriage, relationships & families 5 replies 601 views

Bravery4

Hello 

My question surrounds short term marriage 7 years and even shorter living together 3 years during the marriage although over the 14 Yr relationship we saw each other every weekend. 

In terms of our 'unconventional' marriage. How are the courts likely to view such a short-term living together arrangement at both her old and new addresses? Im concerned the courts will not be favourable to my cause because of the shortness of living together ? 

I would prefer a frank overview here so I can decide what to do next. 

Thank you"

TBagpuss

If you were married for 7 years then the court is likely to take that into account even if you didn't always live in the same house, however it's worth bearing in mind that the overriding aim is to achieve a settlement that is fair over all - so things such as your ages, needs an whether you kept your finances generally separate during the marriage may also be relevant . 

Floss

When I started my divorce in 2018 I was advised that 8 years married + 4 years living together immediately before marriage would be classed as a "long relationship". Where you lived is likely to be of little importance.

If either of you have a pension, it is unlikely to be a quick process as the financial agreement will need to be ratified by the court. 

Bravery4

Hi thanks for your replies 
We're both in our 60s 
I have no pension provisions my wife does so I'd be interested to know how much of a claim if any am I entitled to? 
If course, there are circumstances to both sides of this it's just the principle I'm after 
Thank you 

TBagpuss

The principle is tht a court has to try to reach a settlement which is fair to you both, taking into account all relevant circumstances.

There isn't a simple formula that tells you what you will be entitled to.

For instance, if your wife was married when she was in her mid-to-late 50s, it's likely that most of her pension was built up before that, so it's unlikely to be fair that you have a 50% share.

A court also considers what your respective needs are - so will look at the over all financial position - your respective incomes and earning capacity, housing needs, state pension provision, other pensions etc. They won't lok at pensions in isolation, but consider them together with all other assets and issues.

You need to talk to a solicitor and will need to gather and provide to them your financial details, for them to be able to properly advise you. 

Bravery4

Thank you for your reply it's very useful