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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife is devorcing me i have a hns pension a stae pension

Customer Question

my wife is devorcing me i have a hns pension a stae pension and a small private pension. My wife works she is 55 and earns the same as my nhs pension what happens?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you?-How long have you been married?-What other assets and liabilities do you both have?
Customer: replied 1 year ago.
I aged 65 marries in july 1996 we own two house one £26000 the other £16000 i have a new car to pay for over 3 years
Customer: replied 1 year ago.
My wife is 55
Customer: replied 1 year ago.
no mortgage on either property
Expert:  Harris replied 1 year ago.
Do you have any minor children?
Customer: replied 1 year ago.
i have two both grown up
Expert:  Harris replied 1 year ago.
Thanks. Given the long marriage, no young children and likelihood that your needs will be similar, a court will consider that there should be a 50-50 split of the assets, this will include everythong you both own. The court will also consider the criteria below, but the main issue they will focus on will be both your needs.As part of the divorce you will need to reach a financial settlement, initially this should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions)If mediation does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
The nhs pension was over 40 yeasr of my working life i have only been maried to my present wife fo 19 years
Expert:  Harris replied 1 year ago.
Given the long marriage a court will be unlikely to allow ringfencing of your pension accumulated before the marriage. In the circumstances the court will likely agree that pensions should be equalised.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.