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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I divorced my first wife 12 years go, she now wants to make

Resolved Question:

I divorced my first wife 12 years go, she now wants to make claims on my military and state pensions. My military pension becomes payable in Dec 2015 and state pension is not payable for another 6 years. Could you please advise me on this
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Were any financial orders made at the time of the divorce?
Has she remarried at all?
Clare
Customer: replied 2 years ago.

Hello Clare

Thank you for your response. No there were no financial orders made at the time of divorce, and no she has not remarried.

Thank you Rob

Expert:  Clare replied 2 years ago.
Hi
What is her current financial position (roughly)
Clare
Customer: replied 2 years ago.

Hello Clare

As far as I am aware, she has no major financial problems, council rented property and works, albeit only 3 days a week

Rob

Expert:  Clare replied 2 years ago.
Hi
How long were you living together and how long were you in the forces?
Clare
Customer: replied 2 years ago.

Hello

I was in the forces for 18 years (1971-1989) we married in July 1975, and the divorce was made final and absolute on the 4th June 2003

thank you

Rob

Expert:  Clare replied 2 years ago.
Hi
Ok
What assets did you have at the time of separation and how were they divided?
Clare
Customer: replied 2 years ago.

Hello Clare

Most household effects were taken by my ex wife or passed to family and friends.

We had 2 cars, my ex wife took hers which was fully paid for, mine was still on an HP agreement which of course I paid off.

We had a property which was sold, any profits remaining was amicably spill between us both, my ex wife was given a greater percentage because of a terminal grant which I am due to receive from the Army in December 2015.

I hope this is of help,

Thank you for your assistance

Rob

Expert:  Clare replied 2 years ago.
Hi
Very roughly what was the percentage division of the capital?
Clare
Customer: replied 2 years ago.

Hi

A very rough percentage split of the capital from the house sale was 17% and 26% in her favour.

Thank you

Rob

Expert:  Clare replied 2 years ago.
Hi
I am not sure that I understand that?
Just to check - were there any children?
Clare
Customer: replied 2 years ago.

Hello Clare

1. Following the repayment of the outstanding mortgage etc, approximately £53k was split between myself and my ex wife, of which my ex wife took about £34k and I had about £19k.

2. There were 2 children in the marriage, both were over age

Thank you

Rob

Expert:  Clare replied 2 years ago.
Hi
As a starting point I can tell you that your old age pension is safe!
Since there has been no final financial order made within the divorce proceedings and she has not remarried your ex can still make a financial claim against you.
On that basis she could indeed try and make a claim against your military pension.
It is unlikely that a pension sharing order will be made (transferring part of your pension pot into her name) because of the lengthy delay in the application.
However the court COULD Order that you make a lump sum payment - although the fact that you have already made an extra payment to reflect the monies you will receive this year.
Of course this presumes that your ex actually makes an applictaion - which may or may not be likely - you know her better than I!
If she does decide to go forward the starting point is to use Family Mediation
www.familymediationhelpline.co.uk
to try and resolve matters
I hope that this is of assistance - please ask if you need further details
Clare
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