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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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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if a man has his pensions desimated in favour of an ex who

Customer Question

if a man has his pensions desimated in favour of an ex who has a big pension of her own and didn't give up her career and she uses the his pension share to pay off her mortgage having been given the house as well, leaving the man with no house, reduced pensions and her costs to pay...could he appeal/
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.
Could you explain a little more about the background please
When was the Order made and was it imposed by a Judge or made by Consent?
Clare
Customer: replied 3 years ago.


By judge on November 12th 2013

Expert:  Clare replied 3 years ago.
Hi
What was the reasoning given?
Clare
Customer: replied 3 years ago.
Relist: I still need help.
Have been waiting for the transcript from the court. Hearing was on Nov 12th!!! He emailed and phoned the court and was ignored. Finally received the letter of General Form of Order - Ancillary Relief today yet the ex signed hers on November 18th!Having waited almost three weeks from the Hearing it is now only a few days left to appeal the decision! the letter is also sadly lacking in detail. The judge gave her the house, no mesher even after the kids grow up and 14.3% of his NHS pension yet the Actuaries report said that 6.8% would be needed to equalise the pensions at age 60. Also, even though the actuary offered to do an assessment at no extra cost for my friend taking early retirement at 55 this was refused. Due to health problems he will more than likely retire at 55 and still have to support his children who are currently 10 and twins age 7. the letter received today does not explain if she gets some of his lump sum. The actuary report states that her lump sum will be the bigger of the two age 60 so if he has given her 14.3% of that then surely it is wrong and it is he who should be getting some of hers! In addition she hid an endowment policy throughout the marriage which she has started cashing during the divorce preceding's despite being advised not to by a solicitor. This policy is worth over £30k even after being interfered with...she has been allowed to keep the lot plus other accounts where she saved up money. In her Form e she stated 'I no longer get Child benefit as I am out of the zone'...when on oath she was asked why when her declared income meant she was entitled..she pretended she thought she wasn't entitled and the judge didn't pursue the matter. In addition she gets direct payments from Kent Social Services for the twins, she did not declare this and once again when on oath was proved to have lied on her Form E...again the judge did nothing.my friend now has no home, no money, his pension plundered, all his original debts plus some of her costs and is expected to support his kids and provide a decent roof over their head when they visit yet cannot provide that. She is a consultant surgeon, eight years younger than him and when she retires the kids will be grown up and yet she keeps the house and all her pension which by then will be so much bigger than his. Thank you for your advice.
Expert:  Clare replied 3 years ago.
Hi
Did he have legal representation at the hearing?
What was the equity in the property?
What is wrong with the children?
Clare
Customer: replied 3 years ago.


He ended up as LIP as he could no longer afford a legal rep unlike her who created a legal bill over £40k and she has been allowed to use the endowment to pay it off. He has been left with his legal bill to pay, costs from the court and his existing credit cards debts which came about because she was getting £500 per month too much in Child Maintenance. Only when the CSA got involved because she contacted them demanding more did it transpire that she had been overpaid over £12k, all of which she gets to keep.


There is equity in the property of around £200k after the mortgage is deducted.


The twins are autistic but otherwise physically lovely, healthy and strong boys. The eldest is fine.

Expert:  Clare replied 3 years ago.
Hi
1. How long did they live together
2. What was the extent of the assets and debts
3. What income do they both have?
Clare
Customer: replied 3 years ago.

Married from Aug 2000 to separation Sep 2009, Decree Nisi May 2010


Bought the home in May 2004, had been living in his flat in Docklands which went as a whole payment towards the new Barrett home. She had previously owned her own flat, sold it and moved into his six months b4 the marriage. She put some of the proceeds to the new house, about a third of what he contributed. £7k of her profit has never been accounted for. She also continued with the endowment on her flat, didn't tell him and has been allowed to keep it all as well as the total house contents, a £20k car which she bought shortly after she kicked him out of his home.


She has savings accounts with several thousand in them, an equity plan for when her parents die yet she claims she has been put out of their will recently...no reason given and judge ignored this too.


Her debts were the legal bill, two thirds of which were run up about lack of contact with his kids...she changed phone numbers, emails, the locks on the house, even the childminder to stop him having contact for the last 18 months with no grounds as they have joint parental responsibility. She has even threatened hospital staff that if dad attended one of the boy's appointments she would refuse to let him be examined!


he takes home £4,300 per month and has to give her 25% csa.She takes home £3,800 pm plus the £1000k csa, DLA, Child benefit and direct payments...her total declared income after all deductions is just under £6k per month. she is eligible to go for Clinical excellence awards but so far hasn't to keep her income artificially lower...when she applies for them(after the Absolute) she will earn approx. another £9k pa.


We have also found out that the person she has moved into the family home under the guise of Boys' carer) is in fact her lesbian partner!...no doubt why she has prevented him seeing the boys as may have found out sooner.


He has no assets at all and his debts are...£20k credit cards, £5k overdraft at it's limit, £4.5k for his previous solicitor, £5k costs. he will also have to pay towards the pension sharing order...money he hasn't got. As a result he is in an impossible position with regard to going for a Contact Order to see the kids.

Customer: replied 2 years ago.


Married from Aug 2000 til separation 26 Sep 2009. Decree nisi may 2010.


His only asset was the house and a 2005 Ford Focus. His debts: £20k credit cards, £5k overdraft, £4.5k legal fees for previos legal representation approx £5k extra costs from court.


 


Her assets: house, endowement policy worth £32k, £20k car, savings accounts with several thousand pounds in them. Equity plan for 'when her parents die to cover death duties' yet she claimed on oath she has been put out of her parents' will recently!!


 


The house has equity of £200k after the mortage is taken off.


Her debt is her legal bill which has run up to £41k as she was advised not to go to Mediation and two third of the bill is as a result of her refusal to allow him to see or speak to his boys despite having joint parental responsibility. he has not seen his kids for over 18 months.


His income is net £4,300.pm left with £3200 after csa payment


Her income is net £5600 pm, salary of £3800 net, £1100 csa, £600 DLA. She did not declare Child benefit or Direct Payments from Kent Social Services and when asked on oath tried to wriggle out of answering the question. The judge did not press her for the truth!


 

Expert:  Clare replied 2 years ago.
Hi
For clarity then she got 100% of the house and 14.3% of his pension - AND he has to pay her costs - is that correct?
Clare
Customer: replied 2 years ago.


He has to pay some of her costs...she has been given the endowment which would be a joint marital asset to pay off hers..he has been given nothing.


She has got 100% of the house and 14.3% of his NHS pension although the actuary said 6.8% was needed to balance the pensions age 60. Nothing was taken into account if he retired at 55...he is 55 on 7/12/13...nor the fact that despite her large current income, she is 8 years younger and is only working 3 days per week at the moment and has the capacity to work 5 days a week plus clinical excellence awards.


She also got to keep all of her savings accounts, house contents, expensive car and equity plans.

Expert:  Clare replied 2 years ago.
HI
What costs was he ordered to pay and why?
Clare
Customer: replied 2 years ago.


He was ordered to pay costs for the adjournment in April 2013 as the Actuary report was delayed as he had been asking for two reports to reflect his at age 60 and also at 55 as he may have to take early retirement. Her team flatly refused this and the court imposed costs on him. Thee Actuary said he was happy to do a second report at no extra cost!


He has also been ordered to pay the costs for the Decree Nisi.

Expert:  Clare replied 2 years ago.
Hi
He can appeal on the basis of the division of the house which does on the face of it seem unfair - and possibly on the pension figure since it appears that the actuaries report was ignored.
I should however say that there was no basis on which a report should be prepared for an early retirement - that is an optional choice and would not form part of the Courts consideration.
In addition it would not be wise to challenge the minimal costs awarded as they are standard in the circumstances
Of course there is a risk of failure so the costs involved have to be taken into account - but on the face of it there is no reason why he should not have received something from the house when the twins are 18
Please ask if you need further details
Clare

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