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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 friend is divorcing her husband. She is due to receive a

Resolved Question:

My friend is divorcing her husband. She is due to receive a lump sum of around £90,000 and a company pension in 5 years time. Her husband is working and receives also, a company pension of £120 per month. She is concerned that he will have a claim on her lump sum and pension. Is this possible? There are no dependant children and equity in the house is about £50,000.
Gill
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 long have they lived together and what other assets and debts are there?
How much does her husband earn?
Clare
Customer: replied 2 years ago.

Thank you for replying. The only asset is the house and contents. No significant debt. He is earning around £20,000 per year.

Customer: replied 2 years ago.

They have been married for many years - over 20 I think

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and is the husband also paying into another private pension?
Clare
Customer: replied 2 years ago.

The house is worth £120.000 but they have a mortgage and also an IVA for around £30,000. He isn't paying into any other pension. Something else that might be relevant is that her mum is living in the house - she's an invalid and will continue to be looked after by my friend after her husbnd leaves the house.

Expert:  Clare replied 2 years ago.
Hi
What offer has she made in respect of his share of the house?
Clare
Customer: replied 2 years ago.

Shes offered half the equity - £20,000 - he says he wants more.

Expert:  Clare replied 2 years ago.
Hi
How much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

About £80.000

Expert:  Clare replied 2 years ago.
Hi
Did her mother make any financial contribution to the house purchase at all?
Clare
Customer: replied 2 years ago.

Not that I know of - she wasn't there when they bought the house.

Expert:  Clare replied 2 years ago.
HI
I am afraid that her husband does have a claim on her pension - just as she does against his
This is usually dealt with by way of a pension sharing order which means that the current value of the two pensions are compared allowance made for years of contributions made before the marriage and then an Order is made to transfer a percentage of the larger pension fund to the person with the smaller fund
The starting point is to obtain the values of each of the pensions to determine what the calculation should be.
This may be something that it would be better for them to discuss with the assistance of Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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