Divorce Settlement and my Gratuity

Discussion in 'Army Pay, Claims & JPA' started by gww473, Aug 10, 2007.

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  1. Apologies if this has already been covered but here goes.

    Can anyone shed any light on the possibility of getting an advance on my gratuity to pay off the ex-witch. My brief has said if I make her an offer I can avoid going to court and it may cost me less than dragging it out and waiting the four years till my 22 is up. Has anyone heard of this, done this if so what is the score.

    Many Thanks.
  2. There is no way this allowed under current regulations. Could you not make some sort of leagaly binding "promise" via your solicitor to pay whatever percentage of your lump sum when received?? - I wouldn't commit to amounts as things can change!!
  3. Never heard of it, and I can't see the MOD signing up to it, because you aren't entitled to anything until you complete your 22 years - as has been discussed elsewhere on this site.

    You might find that a bank will lend you the money, secured against your gratuity, but you will pay handsomely for it and might have to purchase insurance that pays out if, for any reason, you don't complete your service.

    The usual version is pension sharing, and there are other contributors who can advise on that. The sting in the tail for those ex-spouses who sign up to pension sharing is that their pension isn't payable until 60, IIRC. Read the small print!

  4. Some would say "sting in the tail" some would say "make the evil trout wait even longer"!

    I believe that if an ex-spouse remarries they lose any right to claim any of your pension.
  5. Just a bit of follow up info on this. Went to see my admin office, they contacted JPAC who informed me that I could have an advance on my 12 year money (currently in year 17). Once the solicitors have agreed an amount (let's be honest it is really all about them) my brief faxes a letter to JPAC with the figure etc and they do the rest. All in all result.
  6. Snakes with bloody t1ts.

    Are you going to get half her pension?
  7. Just gone through this.

    Mine was settled on friday. Agree to a sum that you will pay her on your discharge from Forces.
    The solicitor will put it all in the proceedings and the court will then send an earmarking order for the agreed amount (plus interest) to APS.

    All this will appear on your final decree of divorce.
  8. What if it was never decided on divorce??
  9. That will be half of f**k all then. Money grabbing Harpy!! :evil:
  10. What was the time frame from start to finish Bottleosmoke?
  11. I applied for my pension forecast, for her solicitors, in Aug last year (that costs £176 as it cannot be paid for by public money).

    However divorce proceedings started properly in April (2 years seperation).
    I made an offer from my gratuity. She accepted, solicitor added the interest).
    Final decree came through Friday 31st Aug.

    That was all amicable too.
  12. Top her, it's much cheaper.

    Failing that, get someone else to top her.

    Fight to keep hold of every penny that you can. Don't just roll over and pay up. Mine took 2 years start to finish and I kept the pension and gratuity intact. Cost a few bob in maintenance though, but she will be off my back completely in 8 years time.

    Good luck by the way!
  13. so if you divorced 6 years ago,and no claim was made towards pension etc, can they (it) claim your pension in later years?
  14. They can claim unless they forfeit their rights under some act or other, which would be stated on the court order when it is drawn up and agreed by both parties. Ex Mrs ZX and I reached a settlement that was based on her having no further claim outside of the court order in the future, known as a clean break.

    I'm still unsure as to whether a court order could be overturned at a future date though, say if I won the lottery or something. Then, I would be even more p155ed off!!! Wouldn't give her the steam off the proverbial.
  15. Newlyn Pirate: a gap of over six years between divorce and claim for ancillary relief would make it much harder for her to claim anything (Case of Rossi v Rossi is a precedent for that). However, if she can persuade the court that the circumstances are such that "fairness" (justice) requires it then you are not watertight. The longer she waits, the harder her job in persuading the court. Keep your head down!

    zxninerpilot: a clean break is a clean break full stop. There's no comeback. Courts can be reluctant to make such orders if the judge thinks that there may be a change of circumstances in the future, especially if there are children of the family, but once the order is made, any subsequent lottery win is safe (or other change in circumstances)