Am I entitled to part of my ex husband’s pension??

Bradden

Happy_go_lucky82 said:

I was married in the UK yes

EssexHebridean said:

Allowing that you have children, was there not an agreed financial settlement when the divorce was arranged? That usually takes into account things like pensions. 

Thanks.. could you answer the question @EssexHebridean asked... Pensions should have been sorted with the financial settlement?

Flugelhorn

Is this the State pension or an occupational pension - if state then you would get HRP and NI credits for the time at home with the children

billy2shots

Flugelhorn said:

Is this the State pension or an occupational pension - if state then you would get HRP and NI credits for the time at home with the children

If child benefit was put in her name and not his. 

If that was the case there is a way to contact the correct government department and have them retrospectively applied if your husband was working and earning his NI credits the usual way. 

Flugelhorn

billy2shots said:

Flugelhorn said:

Is this the State pension or an occupational pension - if state then you would get HRP and NI credits for the time at home with the children

If child benefit was put in her name and not his. 

If that was the case there is a way to contact the correct government department and have them retrospectively applied if your husband was working and earning his NI credits the usual way. 

I seem to remember the default was the mother's name and I had to ask to put it in DH's name as I was working and he wasn't - suppose the husband in this case might have done that 

DullGreyGuy

Bradden said:

Happy_go_lucky82 said:

I was married in the UK yes

EssexHebridean said:

Allowing that you have children, was there not an agreed financial settlement when the divorce was arranged? That usually takes into account things like pensions. 

Thanks.. could you answer the question @EssexHebridean asked... Pensions should have been sorted with the financial settlement?

The OP was never legally married in the UK and therefore the divorce would also have been a religious only divorce and so unlikely for there to be a binding financial settlement. 

The advice has to be given through the lens that the OP was cohabiting with their partner, not legally married to them. 

Bradden

@DullGreyGuy - I think the OP stated that they were married in the UK a Sharia Marriage can be legal in the UK so they may not have been cohabiting. Hopefully the OP will clarify.

Sharia Law: Marriages - Hansard - UK Parliament

It is perfectly possible to perform a lawful marriage in England and Wales under sharia law provided that the relevant mosque has been identified and registered by the registrars as a place for the performance of that ceremony, and a person has been identified by the registrars as suitable to be present for that ceremony. 

DullGreyGuy

Bradden said:

@DullGreyGuy - I think the OP stated that they were married in the UK a Sharia Marriage can be legal in the UK so they may not have been cohabiting. Hopefully the OP will clarify.

Sharia Law: Marriages - Hansard - UK Parliament

It is perfectly possible to perform a lawful marriage in England and Wales under sharia law provided that the relevant mosque has been identified and registered by the registrars as a place for the performance of that ceremony, and a person has been identified by the registrars as suitable to be present for that ceremony. 

Given the last few years in politics I am not sure I would trust something said in parliament to necessary be factually correct... there were no parties afterall?

It is possible by combining the religious and civil wedding into one event at an appropriate location and with an appropriate registrar or by having two separate events. The OP however stated that theirs didnt include any civil wedding aspect.

The Hansard quote is also predates Akhtar v Khan 2020 in the Court of Appeal which determined that the nikkah wasnt legally a marriage overturning the High Court's decision. 

Bradden

@DullGreyGuy ... thanks... you are clearly more knowledgeable on this subject than I am...not for the 1st time

DullGreyGuy

Bradden said:

@DullGreyGuy ... thanks... you are clearly more knowledgeable on this subject than I am...not for the 1st time

Not vastly, but ended up going down a bit of a rabbit hole a while back when trying to learn about takaful insurance as conventional insurance is banned due to being considered gambling and was doing some work with the middle east.

sammyjammy

If the link below is the current situation then as said above, marriage never took place in UK law so looks like OPs best hope is changing the child benefit NI over to benefit herself.
Is Islamic Marriage Recognised in the UK? - AWH Solicitors

Is an Islamic Marriage Recognised by UK Law?

For a Muslim couple to enjoy the financial security and the other benefits bestowed by the completion of a civil marriage they must have either married under Sharia law in a country where this type of marriage is recognised by law, or they must get their civil marriage in addition to their Islamic marriage.

We would strongly advice every couple who live in the UK and are married under Sharia law to check whether their marriage is valid and recognised by UK law.

If you are not legally married, you may find yourself in a difficult situation if you were to get divorced or if one partner passes away.