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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Hi Clare, I have another question for you..... I have a

Customer Question

Hi Clare, I have another question for you.....
I have a final salary pension that I contributed to for 17 years before it was closed. 10 years of the contributions were before we married.
When questioned, my solicitor said that the pre-marriage proportion would not be counted as part of the matrimonial assets, but everything I have read suggests the opposite.
What are your thoughts ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 years ago.
Hi. I'm ok to wait while you find someone to answer the question
Expert:  Nicola-mod replied 3 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I am sorry for the delayed response - I have been unexpectedly off line.
Like so much in family law the answer in truth is "that is up to the judge on the day"
In general terms I agree with your solicitor. Your Ex's claim is in respect of the pension which has accrued during the period that you were together - so her claim is on half of ( very roughly) half of that pension - and it is certainly an argument that I would make in court.
However the real calculation is of course more complex and the court may decide to balance it against other assets - but in principle the approach is sound.
I hope that this is of some assistance - please ask if you need further details
Clare