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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
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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I got divorced in October 2013 after 12 yrs he left the

Customer Question

I got divorced in October 2013 after 12 yrs he left the marital home in October 2007 no financial settlement as property was repossessed in 2008 I have brought up and financially supported daughter from said marriage. Only in the last 18 mints has he begun contributing and pays 80 a month sees her 4 times a yr ( lives locally) she is now 16 How do I stop him having claim to my pension he hasn't said he will but the legislation is concerning do I need to get an order he also has a pension of similar value it just does not make sense that he could make a claim thanks
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

If the Decree Absolute was granted in 2013 what makes you fear that an applictaion is likely to be made now?

Customer: replied 1 month ago.
As no financial settlement was in place at the time and due to the changes in the law re claims being made on pensions down the line even after divorce I need to understand if ex can make an application as I am in a relationship and don't want the ex husband to be able to make any claim. He has made a flippant comment saying allegedly but not to me I can have 50%of any pension she has. I have a local authority pension which is deferred and currently work for Bupa and have a good pension building up he has a local auth similar to my deferred.
Customer: replied 1 month ago.
I suppose I am just concerned that as I have no order in place that finalises no right to claims that he could try
Expert:  Clare replied 1 month ago.

has he remarried at all?

Customer: replied 1 month ago.
No
Expert:  Clare replied 1 month ago.

There has been no change in the law - merely a few recent cases which were not well reported in the press.

You do not need to take any action whatsoever - there is no basis on which the court would now entertain an applictaion for a pension sharing order from either of you.

Even if he had applied at the beginning then it would have been about balancing the pensions rather than sharing yours - so if the two pensions are in fact similar no order would have been made anyway

Please ask if you need further details

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