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Ask Clare Your Own Question
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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i have divorced my wife on the grounds of her unreasonable

Customer Question

i have divorced my wife on the grounds of her unreasonable behaviour after 25 years of marriage children have grown up and left home. I served 22 years in the army and have a pension I have verbally agreed to give her a monthly sum can she claim more if she decides later that she want more and If I don't pay her anything and the divorce court does not stipulate anything do I have to give her anything
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.
When was the Decree Absolute granted?
Clare
Customer: replied 3 years ago.

the decree nisi will be granted this Friday and 9th May and the absolute 6 weeks one day alter there are no financial claims or issues listed in the divorce proceedings

Expert:  Clare replied 3 years ago.
Hi
I am afraid that your ex will remain able to make a Financial Claim against you at at any time unless or until she remarries, or there is a final Financial Order made within the court proceedings dismissing all future claims
I hope that this is of assistance please ask if you need further details
Clare
Customer: replied 3 years ago.

my pension is currently 600 pm does it have to be exactly 50% of if I offer her 250 does she have to accept that as I deem that to be a fair amount or will she have to take legal proceeding to get more and if so who's is liable for the court and solicitor costs as im offering her a fair monthly payment and nothing was agreed during the divorce

Expert:  Clare replied 3 years ago.
Hi
What other assets and debts are there and what income will you each have?
Clare
Customer: replied 3 years ago.

there are no other assets we have agreed to split the equity of the house sale 50 - 50 and she is having the majority of the furnishings there is nothing else to divide I have a car loan of 10,000 to pay off I earn 26,000 and she earns 15,000

Expert:  Clare replied 3 years ago.
Hi
She is entitled to apply for a Pension Sharing Order and claim 50% of your pension
At any time she can make a claim via the courts.
You would each be responsible for your own costs
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

can she claim half of my pension if we are not divorced and only separated

Expert:  Clare replied 3 years ago.
Hi
No only upon divorce
Clare
Customer: replied 3 years ago.

we have got to the decri nisi stage approve on the 9///14 but have not applied for an absoloute can she claim half my pension at his stage

Expert:  Clare replied 3 years ago.
Hi
Yes she can now make an application to the court for a pension sharing order aif she wishes to do so
Clare
Customer: replied 3 years ago.

if she doesn't make an application during the divorce but then makes one further down the line will the payments be backdated to the time of the divorce or will they only start once the pension sharing policy has been agreed and approved

Expert:  Clare replied 3 years ago.
Hi
They can only be back dated to the time when the application is actually made
Clare
Customer: replied 3 years ago.

if she is living with another male is she still entitled to half

Expert:  Clare replied 3 years ago.
Hi
Yes
Clare

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