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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
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 divorcing my wife after 2 years separation and she wants

Customer Question

I am divorcing my wife after 2 years separation and she wants a financial assurances that I will carry on giving her a monthly payment I have been giving her. What do I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
What income do you each have and what payments have you been making?
Clare
Customer: replied 1 year ago.

I am retired and have 2 pensions from my job that totals £1190 a month. My wife is still working but only one day a week and I have no idea how much she gets. She also gets her state pension and a small pension which isn't much.

We sold the house and that was halved, I gave her half of my lump sum when I got my pension and give her £250 per month even though I believe I do not have to.

We have been separated for 2 years and I want a divorce so I can marry my new partner. My wife wants assurances I will keep up payments if we divorce and some of my state pension which I will qualify for next february. Not sure of what is the best step.

regards

Nick May

Expert:  Clare replied 1 year ago.
Hi
How old are you both and how long have you lived together
What income does your ex have, and what is each pension worth?
Clare
Customer: replied 1 year ago.

I am 64 and my partner is 52. I am unsure of her income but she has child credit and works 15 hours a week at the national wage. She is a carer for her mother and gets carers benefits.

One pension is worth £2500 and the other £12000

Nick

Expert:  Clare replied 1 year ago.
Hi
How old is the child?
Clare
Customer: replied 1 year ago.

18 and still at college

Nick

Expert:  Clare replied 1 year ago.
Hi
Is this your child , if so what Child maintenance do you pay?
Clare
Customer: replied 1 year ago.

No he's my partners son, she is divorcing her husband so we can be together

Nick

Expert:  Clare replied 1 year ago.
Hi
My apologies for the confusion.
What income does your wife have?
Clare
Customer: replied 1 year ago.

Wages for one day a week at coventry university, state pension and a few pounds per month in a pension but I am not sure too much

Nick

Expert:  Clare replied 1 year ago.
Hi
You certainly will not have to share your State Pension with your (ex) wife, but you may well have to share your private pensions.
Within the financial side of any divorce the Court could make a Pension sharing order and the smaller of the two pensions could be transferred into the name of your ex wife and become hers.
Given that you need the agreement of your ex to a divorce base don two years separation the best way forward would be to discuss the financial issues with her using Family Mediation
www.familymediationhelpline.co.uk
and agree that the smaller of your pensions will be transferred to her by way of a Consent Order.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi,

I already pay her £250 per month on a voluntary basis, would the small pension be on top of that or can I stop the £250 payment?

You say change the pension by consent order, what does that entail please and will it cost.

many thanks

Nick

Expert:  Clare replied 1 year ago.
Hi
If she receives the benefit of the smaller pension then this will be in place of your voluntary payment
Within the divorce proceedings there will be a Final Financial Order which will include a Pension Sharing Order which can then be sent to the pension company.
the cost will depend on the pension company
Clare
Customer: replied 1 year ago.

sadly a few more questions, your help is greatly appreciated.

As I say I give her £250 a month voluntary, I believe this is not compulsary ? and if she asked for for I don't have to, is that right ?

You can only get a consent order or financial order if you have applied for a decree nisi, is that correct.

And my partner and I have bought a house together, as I am separated does my wife have any claim on my part of the house ?

many thanks again

Nick

Expert:  Clare replied 1 year ago.
Hi
At present it is voluntary - if you stop then within any divorce proceedings your wife can make a claim for either spouse maintenance or a pension sharing order
Prior to Decree nisi she would have to apply for Maintenance pending suit
All the assets that you own at the time of the divorce are ALL taken into account - including properties owned jointly with someone else.
The fact that it was acquired post separation does reduce the risk of the value having to be shared with your ex
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Brilliant, thank for your help

Nick

Expert:  Clare replied 1 year ago.
Hi
You are welcome
Clare

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