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Harris, Law Specialist
Category: Law
Satisfied Customers: 1622
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am in a panic... I am recently separated and trying to

Resolved Question:

Good evening
I am in a panic... I am recently separated and trying to reach an agreements how we might settle finances when the house is sold. I earn 3 x my wife , she has a final salary pension but not yet taking it, she is 54.
I had a pension from a previous life before we were married that was frozen when we married as I left the company . I have an agreement with my first wife that she gets a portion when I draw it. This is a personal agreement with her. I cashed in this a couple of months ago to use it to set up again in a rented place as we have a high mortgage in family home that prevents me from affording anywhere else until we sell. My wife has since found out I have the money in my personal account . Does she have any claim on it?
Chris mellor
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
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Customer: replied 3 months ago.
In addition do I have any claim on her final salary pension.?
If she does have a claim on mine but it's in my own account can I just transfer the portion to my ex wife as we agreed some years ago and pay my parents back money I borrowed from them and settle other debts ?
Expert:  Harris replied 3 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Has your fiest wife remarried?

-Was there a court approved financial settlement with your first wife?

-How long have you been married to your current wife?

Customer: replied 3 months ago.
I am in England
First wife has not re married
No court settlement just between ourselves , my present wife and children from first marriage are aware of agreement
Married my present wife in 2007
My pension was frozen when we got married
My wife is on final salary pension scheme
I also have a new pension with 16k in it since remarrying
Wife earns approx 30k before tax , me £75k
About 200k equity in house , 10k car and 20k rings
Some credit card and loans in single names
Customer: replied 3 months ago.
In addition when we purchased house 4 years ago my wife put equity from her house into the purchase about £180k. Since then I have paid all of the mortgage at 2.7k month, all social expenses and some holidays . My wife pays household bills and food. W share household furniture , home improvements. Up to a couple of year ago my wife received maintenance from her ex husband for their daughter . She is now 19 and at university funded bunker father during term time .
Expert:  Harris replied 3 months ago.

Thanks for confirming. Your situation is slightly complicated given you have divorced your first wife and there has been no formal financial settlement and she has not remarried. She is therefore still entitled to pursue a court application against you for financial relief.

However, for the purposes of your enquiry I will focus on your current marriage and issue.

Firstly, the courts have the power to ignore the agreement you have with your first wife to ensure that your current wife's needs are met.

Given your 9 year marriage to your current wife, a court is likely to consider that this is a long marriage and it may be difficult to attempt to ring-fence assets as matrimonial and non-matrimonial and therefore you may both have a right to pursue a claim against all assets.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income - and therefore the split may be different depending on needs. The criteria considered 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.

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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1622
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 4 other Law Specialists are ready to help you
Customer: replied 3 months ago.
My first wife would make no financial claim against me other than wanting than wanting the pension share I promised . Can I just not transfer this amount to her now?Secondly am I to understand that due to the 9 years I also could have s claim on my wife's final salary pension ?
Expert:  Harris replied 3 months ago.

In relation to transferring funds to your first wife, if this is part of an agreement that you have had then this is what you will be relying on - however, if the court considers the transfer to be intentional in order to prevent your current wife from making a claim towards your pension then the court will overlook the transfer and this may be considered financial misconduct.

In relation to her pension, yes you would be entitled to seek a share of this and the previous criteria would be considered by the court when making a decision.

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