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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need advice i got divorced 2 yeas ago and my ex wife says

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I need advice i got divorced 2 yeas ago and my ex wife says she is entitled to half my work pension. I recently lost my job so can`t afford to pay for a solicitor what can i do to see what my options are.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long were you married?
-Do you have any children together, if so their ages and arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

-Has she remarried?

Customer: replied 1 year ago.
i,m 48 she,s 46 we were married for 13 years even though we had separated long before we divorced. We have 3 children together who now live with her and her new partner. I have a pension from working on the Docklands Light Railway for 16 years although i got made redundant May 2016 she has no pension as she has never worked. I still live in the house i bought when we moved to Basildon in 2005 which we have agreed i stay there and when i sell it we will split the proceeds. I now work in a warehouse for a very small income while she lives with her partner in a £400,000 pound house with new cars each and a £20,000 caravan at the seaside. She hasn,t remarried as she knows this might affect any settlement between us.

Thank you. Just a bit more information:

-How old are the children?

-What assets do you both have, both sole and joint between you together with values?

-What is the value of your pension?

-Does she have a pension, if so what is the value?

-What are your respective incomes?

Customer: replied 1 year ago.
Children are 16,12&6 The only asset we have is the house which i bought for £140000 and is now worth approx £240000. I don`t know the value of my pension, She does not have a pension. I believe my income is approx £18000 p.a. while she does not work. I believe her partner earns around £60000 p.a

What is the outstanding mortgage on the property and do you occupy it alone?

Do you have an approximate figure for your pension value?

Customer: replied 1 year ago.
There is still £140,000 left on mortgage and i do occupy it alone. I am currently in a IVA scheme that is due to be completed Mid 2018.I`ve found my pension Annual Statement for 2015 which details my projected benefits at retirement and i also have a valuation of pension benefits that i requested last year.

What is the cash equivalent value of the pension (the entire pension pot)?

Customer: replied 1 year ago.
My annual statement on April 1st 2015 says i have built up £8,510.97

Thanks for confirming. Arising out of the marriage you are both entitled to seek financial relief from the other, which can include pension sharing provision. However, if your cash equivalent value is only £8,510.97, the costs of her pursuing a claim towards this will likely outweigh the benefits of the pension sharing. She is not automatically entitled to 50% of your pension - this would be the starting point in relation to all matrimonial assets, and the court will depart from this equality depending on the following criteria:

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.

I hope this assists you. 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 your question without a positive rating. Thank you

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