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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2538
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I've been divorced 20 years. We have no settlement agreement

Customer Question

I've been divorced for over 20 years. We have no settlement agreement but my ex wife wants some of my pension. Do I have to give it to her?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Have either of you remarried?

-How long were you married for?

-How old are you both?

-How much is your pension worth - how much was accrued before the marriage, and how much was accrued after the divorce?

-How much is her pension worth?

-What other assets do you both have, including values and any mortgages?

-Did you have any children, if so their ages?

Customer: replied 11 months ago.
No, neither of us are re-married, but I have been with my partner for just over 20 years. I was married to my ex for 13 years. I am 58 years old and my ex is 56 years old.I intend to retire this Christmas on a reduced pension - it will be worth approximately £90,000 lump sum and £30,000 per annum. I understand my ex wife's pension will be worth £2,645 per annum.She kept the marital house but now lives elsewhere and has a share in a house which she rents out. I share ownership of a house with my partner of over 20 years. We have no mortgage, I don't know whether my ex has mortgages.I have two children with my ex wife. One aged 29 and the other aged 22.
Expert:  Harris replied 11 months ago.

How much are each of your pensions worth (the actual pot amount as this is what the court will consider)?

How much is the matrimonial home worth, and has it been transferred to her sole name?

What assets did you keep after divorce, and how much were they worth?

Expert:  Harris replied 11 months ago.

Hi, I cannot take a phone call at the moment, but if you are able to provide the information requested I can continue to assist you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2538
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 11 months ago.

My name is ***** ***** i have been a family lawyer for more than 30 years.

I assume that your Decree absolute happened prior to 2000 in which case there is no basis on which a Pension Sharing Order can be made transferring any part of your pension pot to hers.

In addition you are already being very generous and may well not have to pay her any pf the lump sum either

Customer: replied 11 months ago.
I haven't got the total pot of my pension in front of me at the moment. How can I come back to you with that detail. Do you have an email address please?The matrimonial home was transferred into my ex-wife's sole name at the time of our divorce and she has since moved out of that property some 15 years ago. Her present home is worth approximately £350,00.
Expert:  Harris replied 11 months ago.

As my colleague has stated, as long as the Decree Absolute was granted prior to 2000, then she has no provision for applying for a pension sharing order and any court application by her will fail. It is likely that if she were to pursue an application for financial relief, as it has been 20 year since the divorce, she will find it hard to obtain any further financial relief from you given the length of time that has passed and the current assets she appears to have.

Customer: replied 11 months ago.
I did not think that the conversation had ended - I have now accessed my papers and have further information and questions. I haven't yet received a phone call. What do I need to do now to resume the dialogue?
Expert:  Clare replied 11 months ago.

My name is ***** ***** i have been a family lawyer for more than 30 years.
I assume that your Decree absolute happened prior to 2000 in which case there is no basis on which a Pension Sharing Order can be made transferring any part of your pension pot to hers.
In addition you are already being very generous and may well not have to pay her any pf the lump sum either

Customer: replied 11 months ago.
What is the position if the decree absolute was after 2000?
Expert:  Clare replied 11 months ago.

When was the actual Petition issued?

Customer: replied 11 months ago.
The certificate of entitlement to a decree was issued in December 2001. Is this different from when the petition was issued?
Expert:  Clare replied 11 months ago.

Who issued the Petition?

Customer: replied 11 months ago.
My ex wife did.
Customer: replied 11 months ago.
Or my ex wife was the petitioner. The certificate was issued by Birmingham County Court.
Customer: replied 11 months ago.
Hi Clare
Will I receive a response to my answer to your last question last night? I paid for a phone call and wondered whether you could ring me at 8pm this evening on 01480 492319 - I would appreciate it greatly.
Regards, ***** *****
Expert:  Clare replied 11 months ago.

Actually it is my colleague who has been paid for this question - and I did not accept the phone call request either!

However given that the Decree Nisi was granted in late 2001 it is unlikely that the Petition was filed in 1999 which means that technically a Pension Sharing Order was a possibility at that time.

However the delay means that the Court will certainly NOT make a Pension Sharing Order as the value of the pension will have changed considerably over that period - unless of course it was frozen in 2001 which from what you have said seems unlikely.

If she decided to make a financila claim at this late stage then your worst case scenario is a Lump Sum Order - if that.

Customer: replied 11 months ago.
Thank you very much for your reply Clare, it's reassuring. Sorry to inadvertently suggest that you should have called- the Just Answer system is a little confusing for novices! Nevertheless, we have paid for a call we haven't received. Is it Harris who has received the payment? Should we contact him directly?Thanks again for your help.Alan
Expert:  Clare replied 11 months ago.

That is fine - you should ask the site for a refund of the telephone call money

Customer: replied 11 months ago.
Hi Clare,You answered my questions about pension sharing a few days ago. I responded to my ex wife on the basis of your advice and she is adamant that I am wrong and seems to have received different advice. I would like to be sure and would like to go over the details again with you but I am not sure if my initial payment would cover this. I am willing to pay separately or, alternatively, since we still haven't received the phone call we paid for, would it be possible for Just Answer to transfer the payment to you?RegardsAlan
Expert:  Clare replied 11 months ago.

My apologies for the delay - but I have been taking some hours off to fight weeds....

I am happy to go over it with you again in more details if that will help!

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