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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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 about to start divorce proceedings with my wife. We do

Customer Question

I am about to start divorce proceedings with my wife. We do not own a property.
I have one debt in my name of approx £11,000 which is in a debt agreement plan
My wife has five debts totalling approx £22,000 which she is in a debt agreement plan
Jointly we have two debts totalling £23,000 which WE are in a debt agreement plan (I am paying)
Please tell me
1) If we divorce and I can get my wife to agree to NOT take any of my pension and sign a form accordingly can she at a LATER date change her mind and come for my pension
2) If I agree to pay off the joint debt as long as she agrees not to take any of my pensions again at a later date can she come for part of my pension
3) How much of my pension is she likely to be able to claim
We have no real assets
Sorry I need to add one more question based on the above what will the solicitors fees be to actually get divorced.
Thank you
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 have you lived together and how long have you been married?
How much is your pension worth?
Clare
Customer: replied 2 years ago.

Hi

We have lived together for 26 years have been married 15 years and have 3 children, 2 are living at home but they are all in their twenties.

I would need to check the value of my pensions but I am guessing that in total they will be maybe worth around £70k when I could cash them in at 55 not that I intend to (I would really need to check this figure)

We have agreed verbally that I will take on the joint loans in exchange for her not claiming on my pensions but we will obviously need to complete a consent order to get this legalised although at this time I am not sure if this needs to be drafted by a solicitor or sanctioned by a solicitor, I am also not sure if this is then sent directly to the courts......

Thank you

Expert:  Clare replied 2 years ago.
Hi
How long have you been paying into the Pension?
Clare
Customer: replied 2 years ago.

I will need to check this from my records at home and will revert

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.

Hi Clare

I have just tried to respond to you but have lost the chat so maybe you might have just received this question anyhow I will repeat it

1) Pension 1 - value £41621.36 - Monthly contributions of £333.33 continue to be made

2) Pension 2 - value £96549.47 - Contributions stopped years ago

3) Pension 3 - value not given but revalued preserved pension is £8904.82 per annum

As previously advised my wife has verbally told me she will NOT make any claim on the pensions and in turn I will take on the joint debts so please confirm that if this is the case the above information is irrelevant as far as the agreement is concerned and only relevant to ensure all the correct information is put on the consent order form (as per point 1)

I need to understand

1) Can we go through the divorce without using solicitors BUT with a consent order form completed. Could you or another solicitor draft this form on my behalf and if so

A) What exact information do you require from me

B) At what point will this form be required

C) How much will you charge for this service

D) Is there anything else that I should be aware of if we take this route of action

Thanking you in anticipation

Expert:  Clare replied 2 years ago.
Hi
Has your ex had any legal advice at all?
When did you start paying into these pensions?
Clare
Customer: replied 2 years ago.

Hi

1) My wife has not taken any legal advice and it is her (our) intention that we try to divorce in the cheapest way possible basically using the government website as guidance

2) Pension 1 - Started paying in around May 2008 ago and am still contributing

Pension 2 - One transfer from a previous final salary pension (which I do not have the details) on 24/11/1997 and no further payments were made.

Pension 3 - Commenced around 2001 until end 2007

HOWEVER

I am concerned that you do not appear to be addressing my specific questions.

I look forward to hearing from you

best regards

Expert:  Clare replied 2 years ago.
Hi
Your wife has a claim on just under half of all your pensions
You can of course reach any agreement you wish between you - but it will not be binding unless there is a Court Order dismissing all claims you have against each other.
Given the figures that you have suggested it is far from certain that a Court will actually seal the Order if it is submitted.
This is not fatal as your ex may stick to her agreement - and indeed even if not as time passes it will be harder for her to make any claim in any event.
Any local solicitor will draft a Consent order for you - or you can put one together from the resources here
ttps://www.dropbox.com/sh/ymkdggjm0iamgvi/AABAHU9FtbQdaxAjlVFWlkwpa/Final_money_and_Part_IV/Financial_Remedy%20Omnibus%20(final).doc?dl=0
I would be willing to check it for you if you did.
The other form that will be needed is this one
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d081-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare

I am still a little confused I thought that if both parties agree to a financial settlement

1) Why would the court not agree

2) Is it the consent form that is the legally binding document for the financial aspect or is there another form / document that needs to be signed by both party's

My wife has agreed not to make claims on the pensions I just need this to be made legal

3) Can we just get divorced with no mention of any financial settlements and just get a legal document drawn up outside of the divorce proceedings stating she will make no claims on my pensions and in return I will take on the joint debt

I think that is all

Thanks

Gary

Expert:  Clare replied 2 years ago.
HI
1. No the court does not have to endorse the Order if the Judge does not consider it a fair division of the assets
2. The Consent Order once sealed by the Court is legally binding - nothing else is
3. You can do that - and if you ex sticks by it then all is well
Clare