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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1166
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have just received a seperation agreement from my husband

Resolved Question:

I have just received a seperation agreement from my husband as he is buying me out of our house. It details the figure he will pay me, but details other assetts such as pension that i have no claim over. I dont want the pensiob to be part of this as i want claim over some of his, as i did not work for 7 years while bringing our children up. Can this be removed? Also, he pays me £250 a month maintenance. When my youngest reaches 18 in just over a year, i won't be able to survive financially with what i earn. I will lose tax credits and child benefit approx £300 a month. Will he have to pay spousal maintenance and can it be added to the agreement. I am not in a relationship at the moment. Thank you
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long have you been married?

- how much equity is in the house? how much is your husband offering you?

- why do you not think you are entitled to a share of your husbands pension?

- what are the other assets for both of you including pension?

- what are your respective earning positions?

- is divorce ongoing?

kind regards

Caroline

Customer: replied 1 month ago.
We had been together 24 years, married for 21 years and seperated nearly 3 years. There is about £21k equity each in the house, and he's agreed to give me £25k to compensate for me not taking any of the contents of the house. He has been paying me £250 a month maintenance for me and our youngest son who splits his time between us. I earn approx £23500, i dont know what he earns now as he is self emlpoyed but seems to be managing comfortably. I have paid into a pension f9r approx 10 years, 4 years prior to having our children and 6 years when i returned to work in 2010. He worked from 18, and paid into a company pension scheme until 12 years ago when he went self employed. We have no other assetts apart from the house. I received the seperation document this morning, which details that we give up the right to each others pensions. I gave up work and sacrificed a career to bring up our children. He believes as he's not paid into a pension for the last 12 years it us worth nothing. I believe he has higher earning potential than me. I would like to add into the seperation document that he has to pay spousal maintenance beyond our youngest son turning 18 for an agreed period of time. Can i do this? Divorce isn't ongoing at the moment. Thank you Kirsten
Customer: replied 1 month ago.
Am i entitled to a proportion of his pension? Is he entitled to mine? Can i agree spousal maintenance instead of a share of his pension?
Customer: replied 1 month ago.
He is 48 and i am 46 years old.
Expert:  ukfamilysolicitor replied 1 month ago.

Hello Kristen

Thank you for your response.

In short - yes you are entitled to a share of his pension.

Your husband needs to disclose what his pension is.

The matrimonial finances is the assets for both of you. After a long marriage like yours the starting point for the division of all assets is equality. Given that you earn less you actually need to be seeking a larger share of everything around 10 - 20% more.

You can also seek spousal maintenance. There is no set rule but it usually around a 3rd.

The Child Maintenance Service have jurisdiction in relation to child maintenance. This can be payable up to 20 in they are in no advanced full time education. They have a calculator on their website but you do need to know your husbands income to get an idea of what he should be paying. If he wont tell you refer to the CMS and they will check his tax records.

You can include child maintenance in a separation agreement or a court order reather then referring to the CMS but this will ony last for one year then either of you can opt out of that provision and refer to the CMS.

If you are not happy with the agreement then you dont have to sign it. Whilst a separation agreement in itself is not technically legally binding on a family court Judge they can order in line with what was agreed in some circumstances.

I reccomend that you consider family mediation. They will help you through full disclosure of all assets and discussions about division. Google family mediation in your area and give them a call to self refer. If agreement can be reached at mediation then this should be prepared into a consent order and submitted to the court for approval in the divorce proceedings.

kind regards

Caroline

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