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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34497
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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We separated in 2007 and split most things 50/50 although my

Customer Question

Hi. We separated in 2007 and split most things 50/50 although my ex only ever worked part time and I worked full time. I started a pension in 2001. Is she entitled to 50% of this or is she entitled to 50% of all of my pension?I have large debts which I am trying to pay off and worry that I won’t be able to support myself when I retire. I want to sort a divorce out now but don’t know how to go about it and don’t have the finances to hire solicitors. Please can you advise
Submitted: 11 days ago.
Category: Family Law
Expert:  Clare replied 11 days 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

How long were you living together and are there any children involved?

Customer: replied 10 days ago.
Hi Clare,
We were living together for 21 years. We have no children
Expert:  Clare replied 10 days ago.

For clarity - what is the financial position of each of you now (the court looks at the position at the time of the hearing when making decisions)

Customer: replied 10 days ago.
I owe about £25,000 (credit cards) at the moment but am trying to pay off with loans etc. I am working every hour of overtime I can get. My ex, as far as I know, doesn’t have debt but not a lot of capital. We both rent. I am hoping we can sort this out amicably and without the expense of solicitors and court fees as neither of us can afford that.
Expert:  Clare replied 10 days ago.

Just for clarity - is this the only pension that you have?

Customer: replied 10 days ago.
This pension ended in 2011 when I left Biffa. I started a new pension when I Started with the company I’m with now and am still paying into it. I don’t understand finances at all and just want to get things sorted before I have to retire. I’m going to work on as long as physically possible to try and get myself debt free.
Expert:  Clare replied 9 days ago.

So you had a pension form 2007 to 2011 - did you have one prior to that?

Customer: replied 9 days ago.
as I said earlier, I started a pension with Biffa in April 2001
Expert:  Clare replied 9 days ago.

My apologies for the typing error - the only pension you had (before the one you pay now) ran from 2001 to 2011 - nothing before then.

What is the Cash Equivalent Transfer value of the Biffa pension?

Customer: replied 9 days ago.
This was my first pension and the transfer value is 134,000
Expert:  Clare replied 9 days ago.

Your ex has a claim on half of the pension that accrued during the marriage

Arguable that could include the new pension BUT you have a good chance of limiting to half of seven years worth (the years you were together) - which would be about 32% of the pension fund.

I hope that this is of assistance - please ask if you need further details

Customer: replied 8 days ago.
Thank you for your help Clare, I shall try to offer this figure and see if I could get this sorted through a mediator as I am told this is the cheapest way for me to sort it
Expert:  Clare replied 8 days ago.

It is indeed - I hope all goes well