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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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Ive been separated not living together years, during

Customer Question

Ive been separated not living together for 15 years,
during this time my wife remained in family home.
I had work pension put in joint account for her to pay mortgage and to pay any bills arising for house and for her to use as she wished., I lived on state pension only for this time and struggled to do so.
Approximately 3 years ago we sold the house, the money was divided equally and children given their inheritance , at which time I stopped the works pension going to my wife as we both had council accommodation and I could not manage to pay basic bills without it.
I have now met someone else and wish to marry again.
My wife took my works pension for granted and when I die my widow gets a works pension of half the present amount. She openly speaks of this being hers and does not want to loose if by getting a divorce. How long would it take to get a divorce and roughly, what would be the cost. could she do anything claim anything .
Bearing in mind that she could die before me! Would my works pension have any bearing on this.
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.
What was the equity in the house and how was it actually divided?
How much is the Pension worth?
Clare
Customer: replied 2 years ago.

Hi Clare

We divided the money we got for the house down the middle and both had half the total money from the property. There is no problem with this.

When I die my 'widow' will receive approx. £250 per month as a "widows Pension. Not a princely sum !

Ian

Expert:  Clare replied 2 years ago.
Hi
How much was involved in the division - it is relevant I am afraid
Clare
Customer: replied 2 years ago.

Hi Clare,

We had paid the mortgage off. We sold the house for £86,000.00 approx. (I honestly cant remember exactly how much, but that is to the nearest thousand) and received approx. £43,000.00 each. All the money received was divided equally.

When I left my wife all I took with me was my clothes. I left everything else with her.

Hope this is suffices

Ian

Expert:  Clare replied 2 years ago.
Hi
You can issue a divorce based on the fact that you have lived apart for more than five years.
the process is described here
https://www.gov.uk/divorce/file-for-divorce
The current petition fee is £415 and there are further court fees of £45.
The process takes between four and nine months on average
Your ex has a clear claim on half of your pension and in the event of a divorce she can apply for a Pension sharing order to transfer half the value of your pension into a pension in her name
I hope that this is of assistance - please ask if you need further details
Clare