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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2294
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am divorcing my husband he has 43,265.37 Compensation

Resolved Question:

I am divorcing my husband he has
43,265.37 Compensation payout David
24,000.00 Group Stakeholder Pension scheme David can also take 7,550 cash sum
140,912.45 Metal Casting Pension Valuation
£208,177.82 Total
How much would I be able to claim a share of
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I will require further details to provide you with a better response - - How long have you been married and how old are you both- Do you have any children together, if so how old are they and what are the arrangements- Do you have a pension, if so what is the value- What other assets and liabilities do you both have- What income do you both have?
Customer: replied 1 year ago.
We have been married for 40 years both of us are 62 our house is worth 178,000
My husband gave up his job last year so he didn't have to support me.
I have 15,000 savings my income is 11,000 a year
He has a pension of 7,000 a year
we have no other liabilities
Expert:  Harris replied 1 year ago.
Are there any dependant children and is there any mortgage remaining on the property?
Customer: replied 1 year ago.
No
Expert:  Harris replied 1 year ago.
Thank you Given the long marriage and your ages, it is reasonable to be seeking a pension sharing order from your husband. It is likely that this would be limited to the pension that he has accumulated during the marriage, and the starting point for the court will be a 50-50 split of all the assets. It would also be expected that the former matrimonial home is to be sold and for the proceeds to be divided between you and for you to both rehouse independently. or your information, the court looks at the following criteria when deciding how assets and finances should be dealt with as part of divorce or judicial separation: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;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;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;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;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;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).Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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 as I will not be credited for my response without a positive rating
Customer: replied 1 year ago.
The settlement I would like would be for my Husband to keep all his monthly pension and his lump sum.
I need the house as I am A registered Childminder so, it's my home and my place of work.
I would also like to keep my saving so my share would be 193,000
My husband intents to go to Malta to live. so if I took a share of his monthly penion I don't think he would pay me also if he died his pension would died with him.
Having excepted a share I would need a loan to pay him some money, this would cause me to pay extra tax and insurance on my income and if my share of his pension stopped for what ever reason I would be left in debt
Expert:  Harris replied 1 year ago.
I see - thanks for the further information. It would be possible for you to negotiate for the house to be transferred to your sole name in compensation for not seeking a share of his pension, however you should be aware that this would not be an equal division of assets and he would be obtaining a greater share. If the court makes a pension sharing order, or if the court approves a pension sharing order, then this will be transferred to a separate pension that is for your benefit and when it is all concluded you will not require him in order to benefit from the pension. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
Do you really think the court would make me sell the house because I would lose my job. the expense of selling and trying to buy another of similar size for less money would not happen. My Building Society will not give me a mortgage because of my job I have asked them.
I do not mind him having a greater share, he would then leave me alone I am sure
Expert:  Harris replied 1 year ago.
If he has been housing himself, or is able to maintain himself in appropriate housing then this will assist you in preventing a sale of the home - will he be able to house himself without the sale of the home when he moves abroad? Furthermore, the reliance on the home for your employment is also helpful for you.
Customer: replied 1 year ago.
He still lives in the family home although his passive aggressive behaviour is very stressful for me.
He has said to our children he will rent when he goes abroad, therefore he will need all his income from his pension to live on.
He is depented on alcohol which is the cause of the brake up of the marriage.
Expert:  Harris replied 1 year ago.
Thank you - as it appears that he would be able to support himself when he moves out, your proposal should be a fair settlement (namely for him to retain his pensions and you to retain your savings and the property solely), but again this would not be an equal division of the assets and I feel you would be entitled to more given the length of the marriage.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 2294
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thank you

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