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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 divorced in 2010 after 24 years marriage and

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My wife and I divorced in 2010 after 24 years marriage and verbally agreed a financial arrangement regarding the joint property and joint endowment policies, more in favor of my wife with the agreement that she would not make claim on my military service pension. When the joint property was sold I gave her the amount we agreed but we are now disputing the amount of the endowment policies we agreed and she has taken an action against me with the threat that she will claim a share of my pension. Unfortunately we did not document our agreement and now do not agree what was decided. Does she have a case and how probable is it that she would win?
Submitted: 1 year ago.
Category: Family Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
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 was the value of the assets at the time of the divorce and what was the actual division
Clare
Customer: replied 1 year ago.

Hi Claire,

When the joint property was sold we recieved 85K and my wife requested 55K from this. The endowment policies are expected to make 40K and 10k approximately and we had agreed to split these 50/50, but my ex-wife disagrees with this "verbal" agreement and believe we agreed she could have the larger of the two and I have the lesser. If I do not agree to this she will make a claim against my service pension. I do not have a complete valuation for the pension but estimate it will be around 12k/year and the tax free lump sum of ~65K went into the joint property long ago.

I am not clear how the law views the division of asset and whether this would be considered reasonable, or not.

Stuart

Expert:  Clare replied 1 year ago.
Hi
Has your ex remarried at all?
What income do you each currently have?
What action has she actually taken?
Clare
Customer: replied 1 year ago.

Hi Clare

My ex has not remarried and has been primarily living of the money she received from the sale of the house until she is entitled to her small Civil Service pension at age 60, next year, and has recently taken a part-time job in an art gallery; I do not know her exact income.

I remarried in 2012, currently live abroad and gross just over 44K.

We have received a letter a solicitor spelling her her memory of the agreement and claiming that I have "sought to resile from the agreement" by offering her 50% and not the whole of the larger endowment. This is stated as "unacceptable" and if I do not agree to and honour her version of our verbal agreement, she will "bring an action against you for a share in your pension".

Hope this makes sense.

Expert:  Clare replied 1 year ago.
Hi
Were you married to her throughout your military service?
Clare
Customer: replied 1 year ago.

We were married 6 years after my adult Army service started. I joined as an Army Apprentice at age 16 (Jan 4th 1979); my adult service started at 18 (Dec 7th 1980). We were married in Dec 1986 and still married when I left the service on 6th Dec 2002 after 22 years adult service; therefore we were married for 16 years of my adult service. We separated in April 2004 and I moved out of the family home. I agreed to maintain the home until my youngest daughter reached 18 (May 2010) but actually continued until Nov 2011 when the house was sold.

Stuart

Expert:  Clare replied 1 year ago.
Hi
Your ex can still make a claim that includes your pension although the delay make sit more likely that she will get an extra capital sum instead
The overall capital division she is requesting is a 70/30 split of the assets - the one you are offering is 60/40 (both in her favour)
I have to be honest and say that I do not believe that 60/40 is enough to "buy out" her share of your pension - but 70/30 MAY be a little to much - but not massively so
You may wish to consider using Family mediation
www.familymediationhelpline.co.uk
to see if you can find an acceptable resolution - without wasting as much in costs as you are arguing over
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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

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