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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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My ex husband has retained his militery pension. I made

Resolved Question:

My ex husband has retained his militery pension.

I made no claim at the time of divorce 8 years ago.or his lump sum

Divorced after 22 years which was the full terms of is service.

Would i be entitled to claim a precentage of his pension
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there a final financial order made within the divorce proceedings?
Clare
Customer: replied 3 years ago.


No nothing Clare. Solicitor just dealt with the divorce

Expert:  Clare replied 3 years ago.
Hi
Have you remarried and what income do you each have?
Clare
Customer: replied 3 years ago.


No havent re-married nor has he.


 


I work full time and so does he.


 


We have a daughter who is 15. He pays £400 a month to me to help with finances

Customer: replied 3 years ago.


Sorry i thought i replied.


 


No i havent re-married and i dont live with anyone


 


Full time employment, as is my ex.


 


We have a daughter whom he pays £400 in maintanance for each month

Expert:  Clare replied 3 years ago.
Hi
How much do you each earn?
Clare
Customer: replied 3 years ago.

I earn £21,000 i think he earns aorund £30,000

Expert:  Clare replied 3 years ago.
Hi
May I ask why the finances were not dealt with at the time?
Which of you issued the petition?
Clare
Customer: replied 3 years ago.

I started the petiton Clare.


 


At the time we agreed to him keeping his lump sum so that he and his new partner could find accommodation and that i would kee the property so that i and our 3 children had some where to live. At first he paid the mortage and then at a later date his name was taken off the mortage

Customer: replied 3 years ago.


I started the petition Clare


 


We never sought any legal advice at the time i needed to be in the family home as all three of our daughters were under 18. At first he just wanted to pay the mortage but that left me feeling insecure. Eventually a few months later when his term ended withthe Army it was agreed that he would kept the lump sum so that he could make a fresh start and that the house was signed to me once i could get a mortage. At this time the mortgage was around £69 000 and his lump sum which was around 45 000

Expert:  Clare replied 3 years ago.
Hi
How much was the house worth then?
Clare
Customer: replied 3 years ago.


At the time it would of been valued at around £100 000 this is what lead us to agree the split was fair as the equity was simular to his lump sum from the army.


 


It is now worth around 140- 150 000 therefore gained some equity.


 


His army pension is around 10 000 per year

Expert:  Clare replied 3 years ago.
Hi
Do you have a pension of your own?
Clare
Customer: replied 3 years ago.


No I started one but d to ill health i havent been able to continue it.


 


I paid into Local Authority scheme for four years. I had a forecast when i ended it and i think on retirement i will receive around 1000 a year. This is what has highlighted this matter really.

Expert:  Clare replied 3 years ago.
hi
Since you have not remarried it i snot too late for you to make a financial claim within the divorce proceedings to include a claim on his Pension.
It may be too late for a Pension Sharing Order to be made but there are other ways of your receiving a share - whether by way of ongoing maintenance or a lump sum payment.
the best starting point however is for you and your ex to discuss options using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
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