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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1198
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Divorce after 30 years of marrage. My wife wants 50% of my

Resolved Question:

Divorce after 30 years of marrage. My wife wants 50% of my pension after walk
Ing out. Is this the norm?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
I am a family solicitor and can help you.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your ex need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. If these apply to you then you could ask for a bigger share. Everything is included in disclosure.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval which you should lodge with an application for decree absolute.. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. This normally doesn't cost more than a couple of hours work. The court fee is £50 for submitting a consent order.
You need to have obtained decree nisi in divorce proceedings for the court to either make an order or approve an order - which means divorce proceedings would have to have started.
Kind Regards
Caroline
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