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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My mum, 71, and my dad, 65, are separated with a deed of

Resolved Question:

Hi! My mum, 71, and my dad, 65, are separated with a deed of financial separation, but not divorced. It's a friendly arrangement with no other partners involved, and because my mum gave up her career for children my dad pays her half of his private pension each month. One of the reasons they didn't divorce is so that she can continue to collect his pension if he dies first. My mum is scared that if my dad gets dementia or something, or even if they have a huge fall out, the payments may stop. He wouldn't dream of doing that to her in his current state of mind but things can change and she would be destitute. If he was prepared to do it, is there any legally binding contract they could draw up that would give her assurance that she gets half of his pension for the rest of his life? Thanks, Sally
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Are they in England or Wales?

Customer: replied 1 year ago.
Thanks, England
Expert:  Harris replied 1 year ago.

Thanks. Most private and work place pensions have provision for the pension to automatically transfer to a spouse and there is no written agreement required for this. Has your father checked his policy to ensure that she is covered?

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 using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Harris replied 1 year ago.

Hi, I note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.

Customer: replied 1 year ago.
Hi - I'm hoping this doesn't come across as a new question because I didn't want to spend another £57. If it does, please ignore. My question was whether we could put anything formal in place to ensure that my father continues to pay (voluntarily) half of his pension to my mother, as he does now, while he is still alive. He performs a calculation to account for tax and then transfers some money to her bank account each month, which is her main income. We want to ensure that this continues, in case the relationship soured or he became ill. I understand that if he dies first and they have not divorced that it will transfer to her - but that's not what we are concerned about now. Thanks.
Expert:  Harris replied 1 year ago.

Not to worry - this will not be a further charge. In order to have a formal maintenance payment to your mother from his pension they will either need to come to an agreement and have that drafted into a consent order alongside a divorce or she will need to pursue a court application for a financial settlement. Without a court approved order he can stop making payments and she will not have any options to enforce any payments from him.

I hope this assists you further. If you found this information helpful please review your rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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