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 Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2722
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

Good morning! I am a Filipina who was married to another Filipino

Resolved Question:

Good morning! I am a Filipina who was married to another Filipino turned British citizen due to employment and residency in the UK. Last year, he applied for divorce after 5 years of living separately, and was granted the petition. Currently, we are working on filling up this form: Statement of information for a consent order in relation to a financial remedy.
I have gone back to the Philippines since our separation, and I and our two kids are currently living mainly off the monthly allowance he provides, as I only earn less than minimum wage. I have no means to pay for the fees of a solicitor, but I feel I need advice on how to fill up this form, and not just based on what my ex-husband says, so that we (the kids and I) are assured of what rightfully is due to us.
I hope you can help in some way?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
I can assist you with anything you are inside about in relation to the statement of information form - have you had a read through it? Please let me know what you need assistance with.
Customer: replied 1 year ago.
Re: the pension compensation (questions 14-17) of the statement form. I have no idea what is the law re: pension compensation and how much I should agree to.
Expert:  Harris replied 1 year ago.
This will depend on whether there has been agreement for any pension provision for you or for your husband as part of the agreement - doneither of you have pensions and has there been an agreement?
Customer: replied 1 year ago.
He works as a doctor in the NHS.
I on the other hand, don't have pension except the one I've recently voluntarily contributed to since we separated, starting around 3 years ago, in the Philippines.We haven't made any pension agreement and according to the form, I need to get legal advice for these questions 14-17 if I am unsure on how to answer them.
Expert:  Harris replied 1 year ago.
Thanks. The form will state that you need to seek legal advice so that the court staff are not bombarded by customers asking questions. In deciding what kind of order/agreement you are entering into the court will consider the following factors:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
The standard of living enjoyed by the family before the breakdown of the marriage;
3. The age of each party to the marriage and the duration of the marriage;
4. Any physical or mental disability of either of the parties to the marriage;
5. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
6. The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;
7. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).
Therefore you should not be signing the D81 until you have finalised an agreement and received detailed legal advice regarding any proposed consent order.
Customer: replied 1 year ago.
The D81 you are referring to is what form--the same form I was asking questions about (consent order)? Where can I get this detailed legal advice?Thank you.
Expert:  Harris replied 1 year ago.
The D81 form is the financial information sheet. However, you will need to agree a separate consent order which will reflect whatever agreement you reach with your ex-husband.
The D81 form outlines briefly both of your financial positions so that the court can assess whether any agreement you have entered into is fair for both of you, and the children.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.
Customer: replied 1 year ago.
sorry to have been out of touch. My main concern are the pension questions 14-17. Where would I get more information about that, i.e. What is a fair agreement regarding pension sharing? I hope you can answer that...? Thank you!
Expert:  Harris replied 1 year ago.
How old are you both, how long was the marriage, how much is his and your prnsion worth and did he accumulate all the pension during the marriage?
Customer: replied 1 year ago.
He is 43, I am 41. The pension I am referring to is NHS pension which was first set up when we were still married. We were married and together for 10 years, and he kept on working in the NHS while we were separated, until now. He then filed for divorce in the UK after 5 years of not living together, that was last year. The divorce was granted by the courts early this year, around April.
Customer: replied 1 year ago.
I don't know how much his pension is.
Customer: replied 1 year ago.
By separated, I mean we were no longer living together (he remained in the UK, i went home to the Philippines) but we were still legally married.
Expert:  Harris replied 1 year ago.
There is good argument for the pension to be split at least 50-50, depending on what your pension is, given that his was accumulated during the marriage and it is a long marriage with two children. If you have no pension then a 50-50 split is the starting point. If you do have a pension then the starting point would be to equalise both of your pensions.
Customer: replied 1 year ago.
i am looking at very minimal pension (looking at £200-400 a year) in the Philippines, which I started around 3 years ago.How do I apply for this split? Does it apply when he retires only, and how do I get it if I am in the Philippines?
Expert:  Harris replied 1 year ago.
The pension sharing will form part of your negotiations as part of the financial settlement and the agreement will be included in the consent order and a pension sharing annex (form P1) to be sent with the court.
Once approved by the court the relevant documents will be provided to you to and will need to be sent to the pension provider. The share that has been agreed/ordered will then be transferred to a separate pension for you. As part of the negotiations your ex-husband will need to disclose the pension documents which will include details of when the pension can be drawn.
Customer: replied 1 year ago.
Thank you for your help. You have been very helpful.
Customer: replied 1 year ago.
So i can avail of this pension even if I am no longer residing in the UK?
Expert:  Harris replied 1 year ago.
Yes - where you live does not impact this.
Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your answers