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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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 am getting divorced. The court ordered an actuary's report

Customer Question

I am getting divorced. The court ordered an actuary's report on our pensions to determine equality of income rather than a simple cash transfer. It has finally come through and says my ex should give me 19 percent of his pension pot in order to achieve equality of income. My solicitor says we will have to negotiate with the other side to get them to agree. I am determined to hold out for this as my pension is small and we gave way on other issues in court. Do I have a strong case? Will I have to go back to court even though the order is for equality of income?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
If the court ordered the report on the basis that that is what was required then whilst no doubt your ex will indeed fight it - but you do indeed have a very strong case
Clare
Customer: replied 2 years ago.
Thanks. You give me hope. What will the other side try to argue and what kind of arguments can we counter with?
When we went to court earlier this year the judge was very dismissive of the fact that my ex earns 30k more than me which was disheartening. There seems to be a movement against compensating wives for the years they spent bringing up their children and supporting their husband's career.
Expert:  Clare replied 2 years ago.
Hi
This is a different issue.
This is about you having your share of the pension.
he will argue anything he can - you just need to hold firm and say you want your share of the pension
Clare
Customer: replied 2 years ago.
Thanks Clare. Is the outcome of the FDR in the heads of agreement of any relevance or is this put aside in any negotiations over the pension?
Expert:  Clare replied 2 years ago.
Hi
No it is still valid and sets out the framework for what happens.
If your ex has more than one pension then it could be a matter of negotiation which one gets shared.
Clare