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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm getting married and wondered in the future if we did split

Resolved Question:

I'm getting married and wondered in the future if we did split up what my wife could claim from me. I'm 65 and she is 63, we both have similar priced houses with me having a bit more money, but the problem is my new wife does not have a private pension only a state one, whereas I have a very good teacher's pension, could she claim part of my pension if we divorced in the future and if so is here a way of protecting my pension and assets?
Regards Dave
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-Do you have a previous wife?
Customer: replied 1 year ago.
England. I'm widowed
Expert:  Harris replied 1 year ago.
Thank you. In the event of a divorce there are various factors the court looks at if your new wife were to pursue a financial relief application. The criteria is: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;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. 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;7. 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;8. 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. Given that your pension was accumulated before the new marriage you have strong argument that it should not form part of the matrimonial assets, but the cpurt will assess this on a needs basis. Furthermore you should also be aware that your new wife will have inheritance rights upon your death.if you have an existing will in place you should update it upon remarriage as if you do not then your previous will will be invalid.In the circumstances it may be ideal for you to both agree to a pre-nuptial agreement which sets out how assets should be dealt with in the event of a divorce - English courts currently do not hold pre-nuptial agreements as fully binding but they will hold weight.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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