Pension rights forex wife AFTER divorce

#1
Hi, I have been trawling this site and many others for the answer to a question.
I am in the process of divorcing my wife after she left me. She has not asked for any of my pension in the divorce papers and I'm now at the Decree Nisi stage.
We have agreed on an amount of maintenance which is DOUBLE what she is supposed to get, but this is due to her THREATENING to take me to court for my pension. This is the only asset I have and she knows it.

The question is: Is she entitled to my pension AFTER divorce is complete?
 
#2
Mate. Get proper legal advice. Seriously. Don't just Internet shit like this ask a professional, and get him/her to look at the entire financial arrangement before its signed off.


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#6
To avoid giving you a definitive but wrong answer, google Financial Clean Break Orders
It is a Clean Break Order you need and, of course, ironr4tions is spot on too.

One firm of lawyers came to the FPS for a briefing about the Armed Forces pension schemes (as AFPS 75 is unlike most other pension schemes divorce lawyers encounter). Their divorce specialist is Susan Baker at Reading solicitors, corporate, property and family advice, Field Seymour Parkes - but other law firms are available.
 
#8
When I got divorced it was written into the "contract" that she had no claim to my pension. This is Scotland mind, so the law may be different, but as said by others, she does have a claim unless you two come to an agreement.

Good luck.
 
#9
She's entitled to a torch, a bottle of water, a watch and all the air left in the coffin after you've nailed it shut!
 
#10
You will both have to submit statements detailing all your respective assets and liabilities. It is up to the judge to decide at the final hearing what levels of maintainence if any your former wife is entitled to if agreement cannot be reached by consent.
My ex did not include a claim to my pensions and although I was paying maintenance with consent the figure was reduced by £200pcm as to reflect what she was actually entitled too. The judge at the final hearing stated that the matrimonial home was her pension.
Unless your ex was a kept woman and you were exceptionally wealthy levels of ongoing spousal maintenance are very low.
You will need to seek specialist legal advice. It may cost a fortune but will be well worth it in the long run.
 
#11
When I got divorced it was written into the "contract" that she had no claim to my pension. This is Scotland mind, so the law may be different, but as said by others, she does have a claim unless you two come to an agreement.

Good luck.
Scots law wrt pensions does differ from that in England and wales - my understanding is that its better in that the Court will only take into account the time you've been married when looking at how much pension she'll get. England & Wales just split the assets, which is inequitable IMO.

If you where married for two years and in that period accrued pension of say, £500 she might be awarded half of that figure, not half of your whole pension.
 
#13
My ex husband gets sweet f*** all of my pension, and we were married 14 years and I served 15. Plus we live and married in Scotland.


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M

Michaelo

Guest
#14
It is a Clean Break Order you need.
I had a 'Clean Break Agreement' divorce, whereby she got the whole house and contents in return for a lower maintenance payment by me. It counted for fcuk all as she took me back to court some years later and won more money for maintenance.
This is the stumbling block with a CBA
A clean break is usually not appropriate where there are children and there is a continued obligation on one party to pay spousal and/or child maintenance
Clean break divorce advice & tips - Darlingtons Solicitors 
 
#15
Well I can protect your Pension from pretty much anyone. Including Ex- spouses but I do charge a shed load for doing so. It is however worth it for the look on the Ex's and their lawyers faces when the hit the wall, and better yet when the lawyers explain to the Ex that there is absolutely no way they can get to it.
 
#16
I'm not a lawyer but am twice divorced!

After the full implementation of a Clean Break Agreement there is no going back for more (on either side, no matter how your circumstances change). The fact that you are considering making maintenence payments may mean that a CBA is not appropiate for you in this case.

As for Pension Rights for your ex - her lawyer may argue that she does have a claim (if not now then later), and the court may or may not agree - there are no hard and fast rules, just guidelines and principles, you basically need to argue your case and it's a legal minefield.

The best bet (as has already been stated) is to get some good legal advice - shop around for a divorce expert - this may cost you initially, but save you in the longer term.
 
#18
As for Pension Rights for your ex - her lawyer may argue that she does have a claim (if not now then later), and the court may or may not agree - there are no hard and fast rules, just guidelines and principles, you basically need to argue your case and it's a legal minefield.
Or you can just do it my way and a Pension Sharing Order won't even get off the ground.
 

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