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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 842
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I got divorced from my wife in 2010.we did not go to court

Customer Question

I got divorced from my wife in 2010.we did not go to court we went through an online divorce service as we did not want it to drag on so it was a mutual divorce .she did not put a claim against my pension at the time and our divorce went through and we had our absolute papers as well. Can she now try and claim against my pension now
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask - has your ex wife remarried?
Kind Regards
Caroline
Customer: replied 1 year ago.

No

Customer: replied 1 year ago.

No she has not

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Than you for confirming that for me.
Although your ex wife us no longer considered your spouse as thus would not receive any death benefit should you predecease her - your ex is still able to make a claim in respect of the matrimonial finances. Either of you can still make a claim in respect of the matrimonial finances - as long as you have not remarried.
In relation to the matrimonial finances - 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 wife would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
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.
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 or your wife won't engage in providing full and frank disclosure 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 prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
If you consider that there are little / no assets - then you should consider agreeing a clean break and sending this to the court for approval. Once the court has approved the same - this would prevent any future claims.
A Solicitor can help you draft the Consent Order to protect your position for the future usually for around £300.
Kind Regards
Caroline
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Customer: replied 1 year ago.

So just for me to understand you correctly.even tho we have had the decree absolute in 2010 and she did not persue my pension .she could still claim it later on

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes - There is no time limit for making a financial claim, even many years after the final divorce decree absolute has been granted - unless your wife remarries before making a financial claim in relation to your previous marriage.
Kind Regards
Caroline
Pkease kindly remember to rate positively.
Customer: replied 1 year ago.

So she is entitled to half my pension now

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
During the years of your marriage is often the accepted position.
Kind Regards
Caroline
Customer: replied 1 year ago.

Ok thank you

Expert:  ukfamilysolicitor replied 1 year ago.
your welcome
Kind Regards
Caroline

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