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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I have lived apart since February 2011. I had

Resolved Question:

My husband and I have lived apart since February 2011. I had to give up work due to non-curable cancer and have lived on a small ill-health teachers pension since then. My ex husband is now retiring and I wondered if I was due an equal share of our joint pension pot?
Thank you. Ellen Lill
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?

-Have you now divorced?
-Do you have any children together, if so their ages and arrangements?
-What other assets and do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What is the value of each of your pensions?

Customer: replied 10 months ago.
I am 62 and my ex will be 66 in September.
We were married for 35 years when we split up in 2011.
We agreed mutually to separate.
We have 3 sons aged at present, 35, 33 and 23 years old. At time of split my youngest son was , and still is, a student and lives with me. My older sons both have their own families and no longer live in Hull.
The house in which I live is a shared property with a mortgage of approx £60000 left to pay. We split the monthly payments of approx £618 between us. I pay £309. My ex husband purchased a retirement flat in France last July 2015 which is where he resides currently. He retired from teaching and will be receiving full salary till end of August. I am unsure of his final salary and pension lump sum from Teachers'Pensions. However, it will certainly be no less than £35000 p.a. for the salary and no less than £30000 for lump sum.
I receive Teachers Pension of £645.78 monthly and received a lump sum including incapacity benefit (I have non-curable cancer) of £22283.20 on 1st April 2013. This sum has been used for daily living expenses for myself and my youngest son who is at university but lives at home with me and is my designated carer. My other source of income is E.S.A of £294.80 monthly.
Expert:  Harris replied 10 months ago.

Have you divorced now, or has this not been pursued?

Customer: replied 10 months ago.
Are you still online?
Expert:  Harris replied 10 months ago.

Yes - has a divorce been pursued and finalised?

Customer: replied 10 months ago.
No.
Expert:  Harris replied 10 months ago.

Thank you. As you both remain married, you are entitled to proceed with a divorce as well as a claim for financial relief from each other and this takes into account all assets and income.

You have sought confirmation on whether you can claim from his pension. You are able to, especially if you are unable to meet your reasonable needs.

Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

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. 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: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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