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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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, my wife and I have been separated since March 21012

Customer Question

Hello, my wife and I have been separated since March 21012 and have our decree nisi. She has refused to speak to me for 2 years but I now have a letter from her solicitor asking for a financial disclosure re my pensions. She was originally going for maintenance of £200 for herself (we don't have any children) She wants to claim on my pensions some of which I had in place before we knew each other, can she claim on all my pensions of just the one I've had from the time we were married.
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 were you living together?
What assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Care, we met in 1998 and married in august 2001. I have my navy pension from 1980 to 1990. I transferred that to my police pension 2006 to current

I have another pension from 1990 to 2003, we were only married from 2001 and I left that pension scheme in 2003.

We have no assets, I had to pay off arrears on the mortgage but then had to force a repossession and lost about 30k we both walked away with 3.5k each

We had an IVA that I paid towards with nothing from her, it is now settled.

I take home ca £1500 pm she takes ca £900 pm plus whatever lodge money she gets from her two daughters, she previously claimed she was only taking £20 per week from them.

Thank you shaun

Expert:  Clare replied 2 years ago.
Hi
How much was the IVA for?
Clare
Customer: replied 2 years ago.

Hi Clare, the IVA was for £84k I managed to get the payments cut short when we split up and we ended up paying about £33k. She stopped paying her share of the IVA and mortgage, so it was all left to me. I was paying about £300 pm for the IVA.

She also trashed the house when she left, causing about £3k worth of damage which reduced the value of the house when I tries t sell it.

Regards

Shaun

Expert:  Clare replied 2 years ago.
Hi
I have to be blunt with you - you will have to disclose the Pension details so the sooner you do it the better.
The Court will look at the value of all the pensions - but her claim is on the two that you were paying into during your relationship.
Technically her claim is for half of the pensions paid into during the period that you were together - although the court may chose to be more generous they cannot stretch it beyond the start of the relationship
Refusing to give the information will make it more likely that the court will make an award rather than less - and since her claim is limited it would be unwise to aggravate the court
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare,

Thank you for the advice, I will be providing the information ASAP but can you please clarify for me. Will her claim be from the start of our relationship 1998 or from the time that we were married 2001.

kind regards

Shaun

Expert:  Clare replied 2 years ago.
Hi
I would always argue strongly that where pensions are concerned it is the start of the marriage that is relevant - but i have heard the other option argued (and won - just not against me!)
In your case I think the amounts involved are likely to be small in any event
Clare
Customer: replied 2 years ago.

Hi Clare,

Thank yo for your advice. I now have the CETV for my Novartis pension, this is the one I had in place before we married. If she gets anything she will only be entitled to it from August 2001 to June 2003. The CETV is £148,995.54. To be honest with you I haven't got a clue what that means in relation to what she could get. If the court issue a Pension sharing Order, the fees will be £3000 to £3500, can I ask the court to make her pay that or will it be my responsibility.

With the limited info that you have, do you think the courts will award her my pensions? Can I argue the fact that she has lost me thousands, by causing damage to the house and forcing a repo?

Kind regards

Shaun

Expert:  Clare replied 2 years ago.
Hi
How long were you paying into the pension for?
Clare
Customer: replied 2 years ago.

Hi,

I paid into the Novartis pension from 01/03/1992 to 30/06/2003 my pension revalued 31/12/13 was £6,983.74 pa.

My combined Police and navy pension CETV calculated when divorce proceedings started 17/07/12 was £84,808.46. I'm awaiting updated figures.

9 years 309 days was transferred from my navy pension to police pension, i have been in the police pension since June 2006 to current. My 2013 statement pension at age of 65 will be £13,724.89, lump sum of £12,371.94

regards

Shaun

Expert:  Clare replied 2 years ago.
Hi
So the Novartis Pension ran for 11 years and you were married for two of then
In that case she has a claim on half of 2/11ths of the pension - so a pension sharing order equal to £13,545 transferred into her name - if that is what she wishes - bearing in mind the fees.
With the Police Pension she has a claim on half of 6/18ths (1/6) or £14,134 (remembering these are rough guides only.
I am afraid that I do think that you will be ordered to share ONE of the pensions to balance the pension position IF your ex is willing to go through with forcing the issue to secure a benefit some time in the future
Clare
Customer: replied 2 years ago.

Hi Clare,

thank you, ***** ***** very helpful.

With the Police Pension she has a claim on half of 6/18ths (1/6) or £14,134.

If this figure includes my Navy pension I need to try and work out what 9 years 309 days is equivalent to so I can try and argue the point in court. I think i have the transfer value somewhere, would the court agree to deducting that value from the total that they can award her.

As this dispute is only about my pension, do I need to provide all my income and expenditure when I give her solicitor my financial disclosure or just provide the pension info?

regards

Shaun

Expert:  Clare replied 2 years ago.
Hi
No I excluded the Navy years!
I am afraid the disclosure does have to be full - income and expenditure as well
Clare

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