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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11123
Experience:  30 years as a practising solicitor.
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Hi, my partner and I separated in August, we weren't married

Resolved Question:

Hi, my partner and I separated in August, we weren't married and we have two children 5&7. I earn more than she does, so she returned to work on a part time basis after the birth of each of our children, and remains in part time employment. This was by mutual agreement and I thought a privilege for her not to need to return to work full time. For the duration, I remained in full time employment.
I think we have reached agreement on the majority of separation issues:
childcare responsibilities
childcare costs
maintenance payments
cash in the bank
balance of house value
In a previous thread I had gained clarification over her claim to half my pension, and passed on the advice that she had none.
She has now responded saying she wants compensation for her reduced pension contributions from the date of birth of our first child (Oct '07) to separation (Aug '14). She has produced a spreadsheet that details what her contribution and her employers contribution would have been had she remained in full time employment. In the same spreadsheet her total actual contributions (including employers) are taken away to demonstrate the reduced contribution. The total reduced pension contribution for the period totals approximately £25k. I would like to take advice on my position as I believe this to be an excessive amount, and I am already saddled with significant financial contributions on a monthly basis.
Does my ex partner have any entitlement to compensation?
If she does, am I responsible for 'making up' the lost contributions in full?
Is there a mechanism for calculating compensation?
As we were nearly there with an agreement, what would be the best means of reaching a settlement? is a mediator the best approach? if not how do we progress?
Is there a commonly accepted, easy and fair means of resolution as I assume this is a common occurrence?
Thanks!
Ken McLean
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Does my ex partner have an entitlement to compensation?
As I mentioned in the last thread, she may be entitled to apply to the court for a capital payment under section 28 of the Family Law (Scotland) Act 2006. This allows a party to be compensated for any financial disadvantage incurrd during the relationship in the interests of the other party or the children of the marriage. That financial disadvantage has to be looked at in the context of the other party's contribution during the relationship, eg, one party may well have lost pension entitlement but the other party may have paid the mortgage throughout the relationship. The whole picture has to be looked at.
If she does, am I responsible for 'making up' the lost contributions in full?
Not necessarily. As I say above the whole picture has to be looked at in the context of what the Act says.
Is there a mechanism for calculating compensation?
No. Every case has to be looked at individually.
As we were nearly there with an agreement, what would be the best means of reaching a settlement? is a mediator the best approach? if not how do we progress?
Mediation is often a quick and cheaper way of negotiating rather than correspondence between solicitors or lengthy and expensive court proceedings.
Is there a commonly accepted, easy and fair means of resolution as I assume this is a common occurrence?
No, the parties, their agents, the mediator or the courts as the case may be have to apply the principals laid down in the Act, which you get online, apply it to their circumstances and reach a fair resolution.
I hope this helps. Please leave a positive response so that I am credited for my time.
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