How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My ex husband and I went to mediation before our divorce, which

Resolved Question:

My ex husband and I went to mediation before our divorce, which was finalised in 2012. At that time I agreed to a "clean break" whereby I received the equity on the house and not to touch his pension. I have now received a Consent Order from my ex husband's solicitors to sign which gives details of income and expenditure as well as pensions. I had no idea at the time we separated just how much his pension was worth - mine is a pittance as I only took it out later in my working life, believing his would support us both in retirement. Do I have to agree and sign this form or can I contest it, bearing in mind I do not have the finances to employ a soilicitor. Could the CAB help me? Thank you. Julie Keen
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there no financial disclosure as part of the Mediation process?
Clare
Customer: replied 3 years ago.

No figures were put in writing apart from I should retain the net proceeds of the former family home, which I did and used the net equity of £126,000, to buy another house with no mortgage.


The order does state that we agreed to this and that a no futher claims would be made by either party against capital and pensions. However, no figures were discussed at this stage and I had no idea how much money was involved. I just need to know if this is a legally -binding document.

Expert:  Clare replied 3 years ago.
Hi
The confusing answer is - it may be.
To make it less confusing - how long were you married, how long had your ex been paying into the pension and how much is the pension worth?
Clare
Customer: replied 3 years ago.

We were married in 1985 and divorced in 2012, although separated since 2005. My ex is will be 59 in June and has been a teacher since, I believe he qualified, at the age of 21. His pension(s) is £405,267.97. Mine is £17,501.30 plus sate pension. I will be 56 this year.

Expert:  Clare replied 3 years ago.
Hi
We're there any other capital assets that he retained?
Did you have any children under 18 at the time of the divorce?
Clare
Customer: replied 3 years ago.

No more capital assets. Both the boys were over 18.

Customer: replied 3 years ago.

The latest letter document from his solicitor now includes the £53,000 share he has inherited from his mother's house,but this was after the mediation sessions.


 

Expert:  Clare replied 3 years ago.
Hi
There are two issues here - can you reopen the matter - and should you.
Withe respect to the first part the fact that this was agreed in mediation makes it harder to argue that you were coerced into it - but the fact a that actual figures were not used and you did not have legal representation makes it more likely than not that a court would indeed agree that the agreement is not binding
With regard to the second apart of the equation your claim on his pension is equivalent to 50% of 26/38s of his pension.- very roughly a third.
However where you receive cash instead of a pension sharing order there has to be a considerable discounting with the cash equivalent being anywhere between a third and a half of the value.
Given the figures the actual settlement may not have been that unbalanced - something to assess before you actually take action.
I hope that this is of assisatnce - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you. I don't want to open a hornet's nest, but I am worried about my future - particularly as he is with someone else - another teacher - and I am on my own with a very low income.

Expert:  Clare replied 3 years ago.
Hi
Unfortunately his new relationship will not be relevant to the calculations I am afraid
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice