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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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DIVORCE - is a pension in payment at the time of divorce a

Customer Question

DIVORCE - is a pension in payment at the time of divorce a part of the assets of a marriage and is it correct that the equity in the family home must be shared 50/50 after an 8 year marriage?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How long have the parties lived together and are there any children involved.
What is the extent of the assets and debts?
Clare
Customer: replied 3 years ago.

Sorry hit the wrong key they have lived together for 8 years and married for 5. There are no children of the marriage and both parties have considerable debts. The dispute is about sharing the equity fn the family home worth around £169,000 with equity of aprox 47 K

Customer: replied 3 years ago.

The debts ar:wife :around 10K and husband around 30K neither of these include aa joint mortgage of 123K

Expert:  Clare replied 3 years ago.
Hi
How was the purchase of the property funded
How much is the pension in payment?
Clare
Customer: replied 3 years ago.

the property was purchased by means of a deposit which originated from the sale of a house from the wifes first marriage. The amount was used for the purchase of a house and then on to another house. The wife has funded to purchase of both houses by means of that sum amounting to 46k initially bot subsequently some 70k as a result of increase in house prices. . The husbands pension is a NaVAL ONE and amounts to 950 gross a month. The wife income is 17K and he know works for the Mo.d earning around 26k. The husband recd some 15k from the sale of his original home and another 20k from the sale of a further house he owned nether of these amounts were used for the prurchase of either family home

Expert:  Clare replied 3 years ago.
Hi
What happened to that £35,000?
Clare
Customer: replied 3 years ago.

He is somewhat profligate and has purchased cars and motor cycles BUT he would say that he has funded numeous holidays for the cou[ple and her children who are now aged 23 and 22 years. Ony the 22 years old son is still living at home and earning around 14k. If she is forced to split the equity she has insufficient funds to fund the mortgage repayment of some 550 a month which she has paid for over a year since he left hence her poverty at present. Ex husband is living with a girl friend and payin a rental of £300 a month pluse co.tax, water, tv and the like. Both parties hav completed the statement of truth and the matter is currently adj. for 28 days to enable him to complete the questionaire.

Expert:  Clare replied 3 years ago.
HI
When did he leave the Navy?
Clare
Customer: replied 3 years ago.

3 years ago in the rank of CPO.

Customer: replied 3 years ago.

3 Years ago

Expert:  Clare replied 3 years ago.
Hi
An eight year relationship does NOT guarantee a 50/50 split of the assets -
The pension is an asset - but her claim on it is small since it accrued for the most part prior to the marriage.
However if her ex wishes to avoid a potential claim for spouse maintenance then he is going to have to be willing to forgo some of his claim on the equity.
A 60/40 split in her favour might be appropriate -
Clare
Customer: replied 3 years ago.

Thanks Clare - I know it is not simple but Im a little enraged because I was the Mackenzie friend and was not allowed to speak as is within the discretion of the judge, but the wife was overwhelmed by a somewhat bombastic solicitor and a pushover judge!!

Expert:  Clare replied 3 years ago.
Hi
I am sire you know the case law guidance - how did the judge justify the refusal?
Clare
Customer: replied 3 years ago.


She justified the refusal by saying that the wife LOOKED fully able to represent herself. The solicitor interjected to object also perhaps because I had refused her permission to speak to the wife,together with the ex husband alone. I shall draft a note to the Judge and the solicitor setting out the guidance prior to the next hearing.

Expert:  Clare replied 3 years ago.
Hi
Were you prevented from passing her notes?
Clare
Customer: replied 3 years ago.

No but there were constant interruptions from the opposing side and I confess to being somewhat disabled by being restricted from speaking and only passing the occasional whisper

Expert:  Clare replied 3 years ago.
Hi
Of course the right to speak is very limited - BUT there is no reason why you cannot draft the questions and statements - and if they don't like the delay then the answer is simple...
Clare

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