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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I have currently started divorce proceedings. after 28yrs of

Customer Question

I have currently started divorce proceedings. after 28yrs of marriage. my husband decided he no longer wished to be married. Having not had a career as such due to being at home looking after our children. I wish to know where I stand with regards XXXXX XXXXX pensions. of which are of considerable amounts. will i be entilled to half.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How old are the children and how much was outstanding on the mortgage on the matrimonial home?
Clare
Customer: replied 3 years ago.

My son is 13yrs and my daughteris 25yrs. she is currently do her pgt at worcester university, so is a student.


She will reside me me untill furter notice.

Expert:  Clare replied 3 years ago.
Hi
How much was outstanding on the mortgage of your former home?
Clare
Customer: replied 3 years ago.

sorry. £15,000.00


 

Expert:  Clare replied 3 years ago.
Hi
So from the Matrimonial home you received £165,000 and he received £70,000 - a 70/30 split in your favour is that correct?
He is offering you a 40% share of the pensions is that also correct?
What income do you each have?
Clare
Customer: replied 3 years ago.

Yes 70/30 in my favor. and he wants me to agree in writing, I receive 40% from both pensions. the current values are £42,000.00 and the other is £387,000.00 I have put on divorce papers their will be a pensions share out,

Expert:  Clare replied 3 years ago.
Hi Kim
May I ask why you do not see this as reasonable?
Clare
Customer: replied 3 years ago.

I don't as such, but I haven't been able to pursue a career, only on part time basis, in between having the children. I haven't been able to work since 2006 due to a suiside attempt andcomplete breakdown. My husband now states the last eight years have been a lie and he only stayed for the children. He forgets that in the last eight years with the support of friends and my gp and mental health team I am in a better place. I do still suffer with my mental health, and was diagnosed with arthritis in verious parts of my body, mainly my hands and knees, I had no idea of how my husband felt and as far as i was aware we had a good marriage. I knew something was wrong when i found he had been conversing with women on the internet.He tried to say it was because he was made redundant at 55., ut i found emails from this one particular women, and he was conversing well before he lost his job.


 

Expert:  Clare replied 3 years ago.
Hi
What income do you each have at present?
Clare
Customer: replied 3 years ago.

none.only esa allowance, child benefit and tax credits plus £250.00 per month from my husband

Expert:  Clare replied 3 years ago.
Hi
What income does your husband have?
If you have 50% of his pensions are you willing to give him a lump um form your house when your youngest is 18?
What other assets and debts are/were there
Clare
Customer: replied 3 years ago.

He his on Job Seekers Allowence. and the savings are in his name, which are currently paying the mortgage and other bills. The House I am drawing a will for the house to be divided between the children if any things happens to me. He has agreed to pay a lump sum of £4800.00 being a years maintenance of £400.00 per month. Iam 54 yrs and won't be able to use any of the pension warded to me untill i am 55 yrs


 

Expert:  Clare replied 3 years ago.
Hi
How much are the savings?
Clare
Customer: replied 3 years ago.

£9000.00 at the moment but £1000.00 will go in the next couple of days as my car is currently in a garage for alot of work needed.

Expert:  Clare replied 3 years ago.
Hi
This is in addition to the money you each received form the sale of the house?
And he is sharing this with you is that correct?
Clare
Customer: replied 3 years ago.

We haven't yet received any monies as contracts not signed. we have drawn up a letter and sent to the judge about maintenance, but I don.t have access to the savings account, as in his name.

Expert:  Clare replied 3 years ago.
Hi
To recap then - the sale has not yet taken place is that correct?
The sale price is £250,000 and the mortgage is £15,000
The other assets are savings of £10,000.
Are there ANY other assets or dents owned by either or both of you?
You are both currently in receipt of benefits as your only income?
Clare
Customer: replied 3 years ago.

Credit cards and he is getting 72.00 per week jsa

Expert:  Clare replied 3 years ago.
Hi
How much is outstanding on the Credit Cards?
Clare
Customer: replied 3 years ago.

Notsure about £4000.00


 


My husband has just informed me that you are the same solicitor who advised him this afternoon.


 

Expert:  Clare replied 3 years ago.
Hi
Then I shall opt out and let one of my colleagues assist you
Clare
Customer: replied 3 years ago.

thank you

Expert:  Stuart J replied 3 years ago.


I have been asked to look at this for you but to be honest, I
would if I was you, have continued with Claire, because she is the best
family/divorce solicitor on this site.

She is not acting for you or your husband and based upon accurate
facts from both of you, there can only be one answer and there cannot be a
conflict of interest.



I have had questions where both husband and wife have been on the
same thread and it is actually been really interesting to respond to them both
because the facts coming from one tend to be different and the facts coming
from the other.



However each of them read each other's posts and the matter was
resolved between them without solicitors arguing between the solicitors,
charging £500 per hour. That kind of cost needs to be taken into consideration
if you are going to have solicitors having a bun fight with each other at your
expense.



However if you are adamant that you want someone else to answer I
will continue. I shall leave that with you



Your husband has done a trade with you. He has offered you 70% of
the house and he gets 30% but he wants to keep 60% of his pensions. If you don't
want an argument and for him to offer you 60% of the house (which is probably
the maximum you would get if it went to court), you might want to consider
taking his offer.



It comes down to what the pensions are worth and what the house
is worth and doing the maths.



Can either I or Claire help further?

Customer: replied 3 years ago.

thank you. i have excepted terms of 40% of the pension. and we are putting a letter together to forward to the court.


 


Claire offered to opt out, i didn't request it. but thank you both anyway.


 

Expert:  Stuart J replied 3 years ago.

I am glad to help.

Please do not forget to positively rate our answer service so that we get credit.

Many users don't bother and therefore we spend our time for nothing.

I have asked admin to split the fee 50-50 between me and Claire.
Kind regards
thank you

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