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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 ex wife and I divorced legally 1 year ago but have yet

Customer Question

Hi, my ex wife and I divorced legally 1 year ago but have yet to do a financial settlement, she lives in the house still with our children, whilst married neither of us had pensions. The company I work for have just bought out a new pension scheme which I am thinking of joining, will my ex wife be entitled to any of this pension as it will have been started after our marriage ended......
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
As there has been no financial settlement, the only way to discharge any claims against you is if your ex-wife remarries. As this is your first pension, it will take some time for the fund to grow to a substantial level so it may therefore be in your best interest to attempt to reach an amicable agreement to settle the finances.
Be aware though, that as part of a financial settlement it is advisable that full and frank disclosure is exchanged between you and your ex-wife so each of your respective financial positions are clear before attempting to negotiate a settlement. This will include the property itself, and any provision for you or your ex-wife to pay maintenance.
The best way forward is to attempt to reach an amicable agreement and therefore mediation should be considered. This would be you, and your ex-wife meeting and sitting down with an independent mediator to negotiate an agreement. You can find local mediators here: http://www.familymediationcouncil.org.uk/
Please do let me know if you have any further questions about this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is Clare and I have been a family solicitor for 30 years.Since there has already been a Decree Absolute and you had no pension at the time it was granted, your ex can have no claim on any pension that you now start.However my colleague is correct on the general point that it is always better to agree a Clean Break Consent Order of at all possibleClare