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    • Mae85
    • By Mae85 8th Jul 18, 8:48 AM
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    Mae85
    Pension and divorce advice
    • #1
    • 8th Jul 18, 8:48 AM
    Pension and divorce advice 8th Jul 18 at 8:48 AM
    MAE85
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    Spousal maintenance & pension on ESA Re: divorce
    Hi all!

    Again I have searched the forum and I donít know if this is the right place to put it but someone suggested on here in the benefits section.

    myself and my OH are on a joint ESA claim (currently going through mandatory reconsideration as my OH got taken from SG and put in WRAG) so we are currently Ďlivingí on £282 a fortnight.
    Heís currently going through divorce which we got it free due to th fee remission thing and him being on benefits. We are doing it ourselves so no solicitors. His ex has one working for her though.
    Her acknowledgment of service came in the post yesterday, sheís agreeing to the divorce etc but the one question that says

    ĎIn the event of a decree nisi being granted on the basis of 2 years separation coupled with the respondents consent, do you intend to apply to the court for it to consider your financial position as it will be after th divorce?í

    To which she has answered Ďyesí .

    What does this mean? Sheís going for his money?
    They donít have a mortgage or anything like that- just the 50 grand joint debt plus the HMRC child tax credit overpayment debt.
    All I can think of it sheís gonna try and claim spousal maintenance.... but will my OH have to pay that seen as heís on benefits and she works and gets a nice wage each month?
    How does that work?
    Also, he did have a pension whilst he was working but obviously now he isnít working itís not being payed into- and when he left her the first thing he did was change the name on it from hers to mine (she doesnít know about this) so does she have a leg to stand on legally there either?

    He already pays child maintenance so I donít see what else she could want.... he doesnít have anything to give anyway!

    Any help would be appreciated!
Page 1
    • AnotherJoe
    • By AnotherJoe 8th Jul 18, 8:52 AM
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    AnotherJoe
    • #2
    • 8th Jul 18, 8:52 AM
    • #2
    • 8th Jul 18, 8:52 AM
    Your post is an explanation of why you need legal advice.
    • Mae85
    • By Mae85 8th Jul 18, 9:00 AM
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    Mae85
    • #3
    • 8th Jul 18, 9:00 AM
    • #3
    • 8th Jul 18, 9:00 AM
    What does that mean?
    Is there free legal advice we can get? We don!!!8217;t have any money to pay for advice.
    • AnotherJoe
    • By AnotherJoe 8th Jul 18, 9:07 AM
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    AnotherJoe
    • #4
    • 8th Jul 18, 9:07 AM
    • #4
    • 8th Jul 18, 9:07 AM
    It means your situation is complex and that not paying for legal advice will be more expensive than paying. Try citizens advice as a starter perhaps.

    IANAL but very few solicitors will turn down an opportunity to ask for the maximum possible,even if they expect to get little or nothing, theres little downside to ticking a box is there, she might get lucky and for example, have the judge determine that the bulk of the debt should be transferred to her ex. Maybe he spent it on gambling or women or alchohol ora fast car etc etc.

    You need proper advice.

    P.s. And work out how forums work, this isn't the benefits forum it's the pension one. If you can't work out how to do that you could be taken to the cleaners when it comes to representing yourselves in court. :-(

    Go to the benefits forum so you can see all the posts in it. And THEN start a new post having copied your text before, and then paste it into the box.
    Last edited by AnotherJoe; 08-07-2018 at 9:11 AM.
    • Mae85
    • By Mae85 8th Jul 18, 9:17 AM
    • 117 Posts
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    Mae85
    • #5
    • 8th Jul 18, 9:17 AM
    • #5
    • 8th Jul 18, 9:17 AM
    I did. I searched all the forums yesterday to find what I needed and I couldn!!!8217;t find it so I posted this in the benefit section and someone told me to post it in the pension section, which I have.

    Ok we will go to CAB. Btw the joint debt was for house repairs.
    • AnotherJoe
    • By AnotherJoe 8th Jul 18, 9:39 AM
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    AnotherJoe
    • #6
    • 8th Jul 18, 9:39 AM
    • #6
    • 8th Jul 18, 9:39 AM
    I did. I searched all the forums yesterday to find what I needed and I couldn!!!8217;t find it so I posted this in the benefit section and someone told me to post it in the pension section, which I have.

    Ok we will go to CAB. Btw the joint debt was for house repairs.
    Originally posted by Mae85

    OK fair enough i misread your post when you said " I don't know if this is the right place to put it but someone suggested on here in the benefits section" (my underlining/emphasis) and then put a whole load of acronyms in that are benefits related so made me think it was meant to be in the benefits forum. Maybe my fault but that still makes the point how a simple misunderstanding with a few words can lead to issues.

    Suppose at the hearing for example the exes solicitor suggests that the extension money spend was all a result of your partner bullying ex to spend the money on it and she didn't want to do it. The solicitor might even persuade ex by saying "look, if you do that and all the debt is assigned to him, he can go bankrupt so the debt gets wiped, win win".

    I'm not saying this will happen, point is you would be going to war as a rag tag army against one with a General that's fought the same type of battle 100 times. You need to even up the playing field (to mix my metaphors)

    Good luck.

    p.s you can turn off these annoying !!8267 etc type junk that this forum puts in by going to settings > general > keyboard and turn off "smart punctuation" (assuming you are on iPad.)
    Last edited by AnotherJoe; 08-07-2018 at 9:43 AM.
    • Mae85
    • By Mae85 8th Jul 18, 9:46 AM
    • 117 Posts
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    Mae85
    • #7
    • 8th Jul 18, 9:46 AM
    • #7
    • 8th Jul 18, 9:46 AM
    I!!!8217;m on iPhone.
    Thanks for your help, myself and my OH both suffer with mental health issues- him more so than I do it!!!8217;s such a major stress and he!!!8217;s thinking the worst (like killing him self) .
    She!!!8217;s currently paying her share of the debt in an IVA but my OH IVA failed as he couldn!!!8217;t keep up with the payments, bankruptcy has been mentioned a few times.

    Will go to CAB and take it from there .
    • AnotherJoe
    • By AnotherJoe 8th Jul 18, 9:52 AM
    • 11,407 Posts
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    AnotherJoe
    • #8
    • 8th Jul 18, 9:52 AM
    • #8
    • 8th Jul 18, 9:52 AM
    Same on iPhone. Its an absolute pain that messes up a lot of posts and MSE dont give a stuff about it.
    • Tom99
    • By Tom99 8th Jul 18, 10:14 AM
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    Tom99
    • #9
    • 8th Jul 18, 10:14 AM
    • #9
    • 8th Jul 18, 10:14 AM
    Also, he did have a pension whilst he was working but obviously now he isnít working itís not being payed into- and when he left her the first thing he did was change the name on it from hers to mine (she doesnít know about this) so does she have a leg to stand on legally there either?
    Originally posted by Mae85

    Yes the ex could apply for a pension sharing order ie ask for the pension to be divided into two maybe 50/50 or some other ratio. The fact your partner has added you as the beneficiary would not stop the pension being shared with ex.
    • Silvertabby
    • By Silvertabby 8th Jul 18, 11:24 AM
    • 3,423 Posts
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    Silvertabby
    ď Also, he did have a pension whilst he was working but obviously now he isnít working itís not being payed into- and when he left her the first thing he did was change the name on it from hers to mine (she doesnít know about this) so does she have a leg to stand on legally there either?
    Originally posted by Mae85

    Yes the ex could apply for a pension sharing order ie ask for the pension to be divided into two maybe 50/50 or some other ratio. The fact your partner has added you as the beneficiary would not stop the pension being shared with ex.
    Originally posted by Tom99

    Tom is right - the pension 'pot' is now a marital asset and therefore up for grabs. You really need some sort of legal advice here. even if it's just the CAB.
    • Brynsam
    • By Brynsam 8th Jul 18, 4:52 PM
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    Brynsam
    Tom is right - the pension 'pot' is now a marital asset and therefore up for grabs. You really need some sort of legal advice here. even if it's just the CAB.
    Originally posted by Silvertabby
    Absolutely agree with this, especially as you have mental health issues - you need some help.

    Don't forget that her pension (if she has one - and it is highly likely she will have something) also becomes a marital asset, not just your partner's pension.
    • Mae85
    • By Mae85 8th Jul 18, 5:09 PM
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    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
    • By Brynsam 8th Jul 18, 5:30 PM
    • 1,676 Posts
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    Brynsam
    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?
    Originally posted by Mae85
    No guarantee that either party will get any sort of maintenance if no children are involved.
    • Mae85
    • By Mae85 8th Jul 18, 5:40 PM
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    Mae85
    There are 2 involved which he already pays maintenance for .
    • Terry Towelling
    • By Terry Towelling 8th Jul 18, 8:56 PM
    • 702 Posts
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    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
    • By crv1963 9th Jul 18, 6:06 AM
    • 535 Posts
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    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.
    CRV1963- Light bulb moment Sept 15- Planning the great escape- aka retirement!
    • Mae85
    • By Mae85 9th Jul 18, 8:45 AM
    • 117 Posts
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    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
    • By Brynsam 9th Jul 18, 9:09 AM
    • 1,676 Posts
    • 1,232 Thanks
    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.
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