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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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 wants me to sign over 10 percent of my annual

Resolved Question:

My ex wife wants me to sign over 10 percent of my annual pension in a pension share arrangement. I do not want to do this since it will diminish not only the amount my partner and I will have to live on for the rest but the amount my partner will receive after my death.. I have offered the alternative of a one off lump sum payment of 20 percent of my pension lump sum. She is not happy with this and is willing to take me to court.We divorced in 2001. I signed over the house to her and paid £450 per month for each of the 2 children until they were 21.Does she have the right to take me to court? And, if so, what would the likely outcome be?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

Do you want n]me to deal with it here or on your other thread?

Customer: replied 1 year ago.
Hi Clare, please reply here so I don't get confused with the last thread!
Regards
Alan
Expert:  Clare replied 1 year ago.

Ok

Please tell me

How long you and your ex lived together in total and how long you have been paying into your pension.

How much was the equity in th ematrimonial home at the time of separation

Remind me what the financial position of each of you is now

Customer: replied 1 year ago.
We travelled for a few years before coming back to the UK when we married in 1982. We separated in 1997, decree absolute was 2001. I started paying into the pension in 1990. I'm not sure how much equity was in the house at separation but a few years after the divorce, after she had moved house, she gave me £10,000 which she said was half the equity. I paid £ 450 per month for each of the two children until my daughter was 18 and my son was 21.I do not know what her financial situation is now. She owns her house which she had a lot of work done to - it's 5 beds, 2 baths and in a good area. She has received an income for many years from fostering children and has also worked part time as a lecturer. I believe that she has recently gone back to full time lecturing. She tells me she will receive a Teachers' pension of around£2,500 per annum. She has been with her partner for about 10 years. They own a holiday home together. Her father died recently and, I assume, would have left his estate to her and two siblings. She also has a part share in another house with my daughter.I am a manga gear in Further Education. Until recently my salary was relatively modest and the maintenance for the children accounted for around 30 percent of my net salary. I have lived since 1997 with my partner in her house. We recently moved house and my name is ***** ***** deeds but it was purchased with her funds. . In the last 5 years I have deliberately sought promotions in order to build my Teachers' pension and I for the past 3 years I have earned £95, 000 p.a. I have named my partner as the beneficiary of my pension. We are not married. My partner is currently drawing her pension of £3,000 per year. We are not married. The main reason I do not want to agree to my ex wife's demand for a life time pension share is that I do not think it's fair for my partner's payments from my pension in the event of my death to be dininished.I hope this is enough detail.RegardsAlan
Expert:  Clare replied 1 year ago.

How long did you live together prior to your marriage.

Have you only ever had the one pension?

Customer: replied 1 year ago.
We were together for 3 years before marriage but had no fixed abode as we were travelling. I have no other pension. The first three years of the Teachers Pension contributions were transferred from another scheme but I have included this in my answer about how long I've been paying in.RegardsAlan
Expert:  Clare replied 1 year ago.

So you have paid into the pension for 26 years and you were married for 11 of them

That gives her a potential claim on half of 11/26ths of your pension - technically just over 21%

However that relates to the amount of pension that accrued whilst you were married - which is considerably less than the pension pot that you have now.

In addition the delay means that none of the financial information relating to the former matrimonial home is available and it is impossible to assess whether or not the £10,000 that she gave you was the appropriate amount.

On top of this is the simple fact that the Court can only grant a Pension Sharing order where a Financial applictaion has been made prior to the Decree Absolute unless the Court exercises it's discretion which will only happen in the rarest of cases.

That is why I believe that the real risk is that you will be ordered to pay her a lump sum

Customer: replied 1 year ago.
Thank you Clare; that's clear. Could you make an estimate of what the lump sum order would be in percentage terms? I've offered 22 percent.
Expert:  Clare replied 1 year ago.

Very hard to assess without much more detail regarding the matrimonial home and what your pension was at the time of the Decree Absolute

I would however say that your offer is certainly reasonable

Customer: replied 1 year ago.
Thank you Clare. Could you represent me if it comes to that?
Expert:  Clare replied 1 year ago.

Sadly we cannot have any contact outside of this Forum - but I will be very happy to help you deal with the process yourself

Clare and 3 other Family Law Specialists are ready to help you