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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1440
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I need to know how to protect my widows pension after divorce.

Customer Question

I need to know how to protect my widows pension after divorce. After separation 10 years ago, the family pension matured. It turned out to be a single man's pension, so I have been getting 50% as a standing order from my husband, and am on his house deeds to protect my widow's pension. I want to divorce. We have agreed to ask for a pension attachment, but we are stuck with my name on his house. I need to know what my options are
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question. I'm a family solicitor and able to help.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
I note that you have also been separated for 10 years - this will be taken into consideration. You cannot choose to not include any assets (such as your pension) from the process.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You need to have obtained decree nisi before a court can make an order or approve a consent order. This means that you would have to issue divorce proceedings.
Kind Regards
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received.
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful if you could kindly rate my answer.
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful for positive feedback
Expert:  ukfamilysolicitor replied 2 years ago.
Sorry your question is showing as needing my attention but I can see any further response from you. Please confirm.
Kind Regards