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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34273
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 have a Legal Separation from the Court in Torrevieja, Alicante,

Resolved Question:

I have a Legal Separation from the Court in Torrevieja, Alicante, Spain in the year 2008. All of the assets and property were divided between us and the court ordered that I pay my wife half of my private pension. My wife receives 1/2 of my pension every month.There are no children involved. My wife is now seeking a divorce in England and a pension sharing order.
The question is can the English Court overturn/overrule the Legal Separation as ordered by the Spanish Court. I am a resident of Spain. My wife lives in England
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 far has her financial application reached?
Clare
Customer: replied 2 years ago.

Hello Clare,

Form E have been exchanged and I think I got my decree absolute on 25th August. I have a hearing at the court in Southampton on 6th October.

Expert:  Clare replied 2 years ago.
Hi
How would this change alter the actual position for you?
Clare
Customer: replied 2 years ago.

It would make no difference to me except that on my death I would not be able to leave anything to my next of kin, should I ever remarry. If she was to die then her half would die with her.

Expert:  Clare replied 2 years ago.
Hi
How old are you both?
Clare
Customer: replied 2 years ago.

I am 69 and my wife is 68

Customer: replied 2 years ago.

I am 69 and my wife is 68.

Expert:  Clare replied 2 years ago.
Hi
Your wife certainly has the right to seek a divorce - and within that to apply for financial relief.
In fact your wife is simply seeking to carry out the terms of the agreement - she is to receive half of your pension and this Order will achieve that.
I am sorry but there is no basis on which you can challenge this
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi, But she already has 1/2 my pension as ordered by the Spanish courts. Does that mean that the English court can overrule that decision and grant her a pension sharing order.

Expert:  Clare replied 2 years ago.
Hi
The Pension Sharing Order will simply complete the Spanish Order - she will still receive half of your pension - but as a pension in her own name not via you
Clare
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