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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Hello My ex wife and I were divorced 4 years ago. Both of

Customer Question

Hello
My ex wife and I were divorced 4 years ago. Both of us have remarried.
Our youngest son was 18.
We had no solicitors acting on either of our behalves. No payments were ordered by the court. We agreed verbily that I would keep my pension and she would take the endowment policy when it matured last year. It had a shortfall which we were made aware of before our divorce so we made higher repayments to our mortgage and not increase endowment payments. She took that endowment then complained saying it had a shortfall. As we had another smaller endowment maturing this April in both our names I said she could have the first £2000 then we split the rest 50/50. Now it is coming to the time of payment she wants me to pay her £2000 out of my share of the 50/50 split from whole amount. I have been paying whole contribution of this policy.
Can my ex wife change this arrangement to suit herself as she says she could still take some of my pension. Thanks in advance Lui Guarino
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.
How much were the Policies worth?
What is the Cash equivalent Transfer value of your pension?
What happened to the Matrimonial home?
Are there any children involved?
Clare
Customer: replied 3 years ago.

Hi Clare


First one just under £20,000


The one coming out in April £10,000.


The family home was sold and shared 50/50.


No children involved youngest son now 22 was 18 when divorced.


Pension £30,000 lump sum and £300 a month.


I heard that once we were both remarried no claim could be made to the other person. If nothing was sorted out in court


Lui

Expert:  Clare replied 3 years ago.
Hi
When will you receive the pension?
Clare
Customer: replied 3 years ago.

I do already and have done for the last 5 few years.


Can you please answer weather us being remarried makes any differance


lui

Expert:  Clare replied 3 years ago.
Hi
The fact that you are both remarried means that neither of you can make any claims on assets which are not held in joint names
In this case the only asset that is in dispute is an asset that IS held in joint names which means that it is still a matter that can be considered by the court and the court can still decide to divide it in an unequal way
However your ex cannot make a claim against your pension which is safe
I would point out for your consideration that you are arguing over £1000 - so please be careful not to waste money on costs now!
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi again Clare


Can I just confirm that my ex cannot claim against my pension as she now has sent a letter via a solicitor stating that my ex could not build up any pension as she did not work full time and are requesting me to provide value of my pensions on a voluntary basis.


If you read from before information given to you we had a verbal agreement I kept my pension and she took the endowment policy of just under £20000.


Also can you confirm that she has no access to my new wife's flat that is not in my name.


Regards


Lui Guarino

Expert:  Clare replied 3 years ago.
Hi
You are correct - she has no claim on the pensions and I suggest that you write to her solicitor and ask on what basis a claim could be made given the Decree Absolute and the re-marriage.
She has no interest in your new wife's assets
Clare

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