Discussion in 'Finance, Property, Law' started by bluearmy, Nov 6, 2006.
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Were do I
It will depend on the Judge! As part of your divorce proceedings you are required to list all assets owned jointly and individually. As part of this you will be required to provide a written valuation of your pension (speak to your RAO staff - this is generated in Glasgow and will cost you). The Judge may then award a part of your pension to the 'Ex' in order to maintain an equitable split of assets.
For my part I managed to retain the pension intact after 10 years of marriage, but had to give up all the equity in our private house (Â£60k).
But I'm not bitter. Much.
Your RAO dept will complete paperwork for you so Glasgow can send you your pension details (it will NOT cost you anything). It will cost you for a second copy of the paperwork or if you do it a year after your seperation.
It depends how long you have been married and how long you have been in the army. She will not get a lot for 2 years mate.
Once you find out how much she is entitled to make her a cash offer for substantialy less (it worked for me, still cost me 6 grand though)
Its an expensive business getting divorced but well worth it in the long run.
The kids will not affect you. if you have done 16 ye3ars and only been married for 2 she will not get much, hardly worth it for 2 years.
The money will be taken from your pension value as it is now so you will not see any real money coming out.
Well thats answerd a few questions for me, thanks for your help
Bluearmy - make sure you get your RAO dept to get your pension details ASAP as they cannot backdate it, so the longer you leave it the more she gets.
Good luck mate - it will be worth it in the end, there is light at the end of the tunnel.
I only get onto at Arrse occasionally â apologies if this is weeks old & the matter is solved, but posters seemed to be concentrating on the issue that a 2 year divorce = 2 years worth of claims. This is probably correct in Scotland, but not necessarily so in England.
After divorce, you apparently can still be subject to a financial claim. This can occur years after divorce, and would depend on your relative financial positions at that future point. Obviously this is not the most desirable outcome even if the initial divorce claim was only based on 2 years worth of assets.
I had it explained to me by the example that if you divorced your wife and several years later won the National Lottery, she could put in a claim at that point. Presumably what goes for the National Lottery also goes for future pensions, increases in wages due to promotions etc.
There is a procedure to stop future claims after divorce, which is known as a âConsent Orderââ any solicitor should be able to do one as part of a divorce settlement, although in my limited experience they arenât always obtained as a matter of course, and so you should make sure this is clarified.
Even if you have agreed the finances with your spouse, or are getting divorced with no financial claims, a consent order is probably required to protect your future position (presuming you do not wish to raise a future claim against her).
Divorce is generally full & final settlement, i.e. divorce extinguishes future claims. From that point of view it is generally prudent to either obtain a divorce or at least get a binding separation agreement to stop future claims.
The property to be divided at divorce consists of most assets (e.g. house, pension, savings etc.) acquired between the date of marriage and the date of separation (with certain exceptions). As the claim period generally is only between these two dates, this would stop a claim for any assets you would obtain after the separation.
Or even other countries?
The other issue is that you may have more say as to which jurisdiction you use if you start proceedings yourself. As a general rule, divorce claims can be brought in the jurisdiction you are current living in, rather than being based on your nationality or where you were married. Armed Forces personnel might be an exception to this rule, but this may mean an English soldier posted to Scotland could divorce under Scots Law and vice-versa. It may well be similar with other countries, and you might find that your next posting could be to somewhere (at least within Europe) with a more benevolent legal system for you than for your spouse.
Hope this helps. This is not legal advice, no guarantees given, but if you check it with a local solicitor they should advise one way or the other.
She'll get half of 2/22nd's if you complete the full 22years. If that makes sence.
I divorced in 1999, Im now re married with 2 kids, I had 2 kids with my previous spouse, we were married for 6 years in total, does she now get a shout at my pension, nothing was decided re pension on my divorce. I remember something coming out re the pension settlement having to be decided on divorce prior to some date or other otherwise she has no claim. Is this correct, if not what is she entitled to, I have asked Glasgow to no avail unfortunatly. Any help and advise would be greatly appreciated. Oh yeh, she has not re married.
First thing to ask is,
Does she have a pensions?
If yes then you make a claim against hers.
My ex went for mine and I countered.
Since she is/was 14 years younger and her pension was better than mine
her solicitor soon did the maths for her and the claim was dropped.
Good Point archer, Im sure that she has, 5 years in the army and she currently works for the NHS.
With my Divorce, the Ex had a totally sh1te Solicitor, I was getting really nasty letters demanding 3/4 of my Salary, half for the kids 1/4 for her, I I did most of it myself, until I had to submit the Form A (Financial Statement), then I enlisted a top notch Solicitor who wiped the floor with the Ex's, though for what roughly equated to 10 hours work cost me Â£1800, but he probably saved me 10 times that, she wanted the whole of the house, half my pensions, Army one and current civil one, me to pay the Mortgage and Maintenance for the kids. After my solicitor pointed out the absurdity of her claim, We negotiated a settlement of 35% Equity for me for the house, as and when it's sold or re-mortgaged, nil claim to the pensions and current rate of Maintenance for the kids until finish full time education, they're 7 & 5, I'm in the process of trying to convince them that 6th Form, College and Uni are a waste of time!!!!
In the end, it depends on the judge and how good her solicitor is.
If you can try and avoid a Solicitor as long as you can, if I'd have had mine from the start, it would have cost Â£5k plus. There's plenty of infor on the Net to assist.
Mate, Are you me??
With the exception of the dates, I am in more or less the same situation. 2 kids from previous marriage, 2 kid on the way in my current one. Absolutely nothing decided re-pension on divorce and as I'm making regular payments for our mutual children, CSA didn't get involved and the judge was happy that adequate provision was being made for them. I spoke to our pension people at HMS Centurion and they told me that unless they receive instruction on divorce re. pension split, then they don't split it. I can't see the Army's rules being any different mate.
Nice to see im not the only one in this boat (pardon the pun), thats the answer I got from Glasgw today, however, Im not so sure that she cant make a susequent claim later on....witch...... I dont mind paying for my kids, thats not an issue, it's her I resent having to pay for (possibly).
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