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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 was married for 9 years 6 months and my ex husband is preparing

Resolved Question:

I was married for 9 years 6 months and my ex husband is preparing to leave the Air force , all the time we were married he was serving , we have been divorced for 11 years.

Can I claim any of his Royal air force pension?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Was there a final financial order dealing with matters - if so what did it say about pensions?
What income do you each have?
Clare
Customer: replied 3 years ago.
On the divorce papers it says the petitioner may be granted the following ancillary relief , an order for maintenance pending suit, periodical payments order , a secured provisions order a lump sum order , for herself.

A periodical payments order, a secured provision order, a lump sum order for the children.

A property adjustment order.

I am self employed in rented accommodation I earn around 30k gross a year, my ex husband was a Warrant Officer in the Air force for 30 years plus not sure of pay scale but he was in The Movements Squadron. He has a new job working at Gatwick doing the same at a senior level, he owns a 500k house with his current wife.
Expert:  Clare replied 3 years ago.
Hi
That was on the Divorce Petition.
What happened to the house you lived in any any savings you had at that time?
have you remarried at all?
Clare
Customer: replied 3 years ago.
I was in married quarters and went into rented then social housing.

We had no savings only an endowment policy that we took out after a year of marriage , the idea being we would use that for a future deposit on a house.That apparently came to fruition some time ago I have no idea what the lump sum was.

I have not married since .
Expert:  Clare replied 3 years ago.
Hi
What paper deals with the child maintenance - the one you refer to?
Clare
Customer: replied 3 years ago.
We dealt with the maintenance ourselves no court order , although I had to go to the CSA in 2006 to get the maintenance increased from £250 to £420 a month.
Expert:  Clare replied 3 years ago.
Hi
Was the Endowment policy in joint names?
Clare
Customer: replied 3 years ago.
Yes it was.
Expert:  Clare replied 3 years ago.
Hi
What happened when it was cashed in?
Clare
Customer: replied 3 years ago.
Well i only knew about it because my son and daughter told me that their Father was getting a lump sum and endowment policy was mentioned would have been 25 years since we started it I am guessing , I don't know how he cashed it in with out me,My son and daughter have a tenuous relationship with their Father , so rather than make life difficult for them when they saw him I just kept quiet about the endowment policy .
Expert:  Clare replied 3 years ago.
Hi
Do you remember who the policy was taken out with?
Did he purchase the house before or after it was cashed in?
Clare
Customer: replied 3 years ago.
No idea who with , he bought a house before he cashed it in .
Expert:  Clare replied 3 years ago.
Hi
Since there was no final financial order made within the divorce proceedings and you have not remarried then you can still make a Financial Claim against your ex.
Whilst you can no longer obtain a pension Sharing Order because of the time delay there are other ways that the Court can compensate you for the pension claim.
You have little claim on assets that your ex has accrued since your divorce - except the proceeds of the Endowment Policy.
You should offer to try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk)
Your claim is limited and should be base don the value of the Endowment plus half of nine years worth of his pension
I hope that this is of assistance - please ask if you need further details
Clare
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