Pre Marital and Post Marital Pension Value

bigstevex

Going through friendly divorce but have a quandary.  I’ve had pension since 2001, got together with parter in 2004, lived together since 2007, married 2013, divorce application this year

i have a pension from 2001-2012 and 2012-2023.
on the d81 form I guess I put the full value of both but then state x years are from prior? Or would the court count all of it in calculation?

partner has pension 2007-2023

i think there’s a 37k difference in pension pots but if some of mine from 2001-2007 was excluded it pulls the difference down a lot!

think we’ve got to 51/49 split on physical assets excluding pensions
49/51 split including pensions if I remove a small chunk for those 6 years or 54/46 in my favour will the full amount included.  I don’t want it in my favour but I’m stuck as I’m stretching myself to the max financially to buy out the family home and stay there with the kids when I have them.

We both work, have a good jobs and can both self support etc beyond split, 50/50 shared childcare arrangements living near to each other.

thoughts?

TBagpuss

The court takes it all into account, but the fact that it was partially built up outside the marriage may be relevant. 

So put the full value in the boxes on the D81 but then in the section that asks about why the order is fair (I think section 12 or 13?) say something like "The Applicant's / Respondent's pension was built up partially before the parties marriage / cohabitation. The proposed order takes this into account, and will result in a broadly equal division of the assets, including pensions, built up during the relationship. The parties agree that it is reasonable for the proportion of the pension built up before the relationship to be retained in full by the applicant/respondent"  (Obviously adjust depending on whether you are the applicant or the respondent, and you can use names if you prefer)

Generally, where you have agreed an order, the court is looking to check it's fair and that if on the face of it, things are unequal, that there is a reasonable explanation as to why that's fair. 

bigstevex

TBagpuss said:

The court takes it all into account, but the fact that it was partially built up outside the marriage may be relevant. 

So put the full value in the boxes on the D81 but then in the section that asks about why the order is fair (I think section 12 or 13?) say something like "The Applicant's / Respondent's pension was built up partially before the parties marriage / cohabitation. The proposed order takes this into account, and will result in a broadly equal division of the assets, including pensions, built up during the relationship. The parties agree that it is reasonable for the proportion of the pension built up before the relationship to be retained in full by the applicant/respondent"  (Obviously adjust depending on whether you are the applicant or the respondent, and you can use names if you prefer)

Generally, where you have agreed an order, the court is looking to check it's fair and that if on the face of it, things are unequal, that there is a reasonable explanation as to why that's fair. 

That’s great, thank you very much for the detail