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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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Married for 24 years, separated for 8yrs, I have been paying

Customer Question

Married for 24 years, separated for 8yrs, I have been paying the mortgage on our joint property for this period, considering a quickie divorce, consider the property to be in trust for our two grown up sons. Wish an amicable settlement and was wondering if she takes over the house , does she still have a claim against any pension accrued during the marriage?
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 is the house worth and how much is outstanding on the mortgage?
What other assets are there and what is the value of any pensions.
How much do you each earn?
Clare
Customer: replied 3 years ago.

Hi,


House worth about 85K outstanding mortgage 33k.


No other assets.


Haven't a clue how much pension is worth, scattered between about five different employers, perhaps you can give me an idea how to evaluate it's worth.


My salary 33K hers 15K?


Sorry I can't be more helpful re pension.


best regards,


Alex.


 

Expert:  Clare replied 3 years ago.
Hi
Just to check - you wish to offer her the house in return for you keeping your pensions is that correct?
Clare
Customer: replied 3 years ago.

Basically Yes


 

Expert:  Clare replied 3 years ago.
Hi
Before you make this offer it is essential that you obtain the Cash Equivalent Transfer Values of all the pensions
The starting point for division of the assets is 50/50 so by giving her the house you are giving her £25,000.
Her claim is on half of the pensions that have accrued during the marriage - but they are not the same as cash so your pension funds would need to be worth in the region of £70,000 for this to be worthwhile.
If it is and your ex agrees then there needs to be a Consent Order setting out that this agreement i sin full and final settlement - once this is sealed by the court she will have no further claims
I hope that this is of assistance - please ask if you need further details
Clare

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