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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 am a 60 year old man with a company pension which i have

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hi,i am a 60 year old man with a company pension which i have been drawing for 9 years
last aug i got married in scotland just over a year ago,unfortunately it is looking like my
wife wants a divorce so it is a very short marriage my wife is 52 years old she is not working
and has no income there are no dependents,as far as i know she is going down the road of
claiming benefits. At this moment she has a mortgage as regards ***** ***** on divorce
how much can she claim of my pension is it 50/50 spilt with all assets.There is no orther
money or hidden assets my pension is £1000 per month but at 65 my pension drops to
£500 and i have one year on £500 per month, before i reach pension age and thats where
the state picks up. Could she also try to claim my pension now before we get divorced i olso understand that she could file for divorce after one year of living apart with consent from me or two years without consent, i have spent money on her house on all aspects of moderniseing it but for me my big worry is how much am i going to be left with after a court makes a award from my pension.So worrying times indeed any help appreciated.
thanking you ***** *****.

Hi, thank you for your question. Are you both now living in Scotland or England or Wales?

Customer: replied 1 year ago.
Living in England
Customer: replied 1 year ago.
ok thats fine

Thanks for confirming. Given the extremely short marriage and the likelihood that you have accumulated your pension well before the marriage you will be able to "ring-fence" your pre-marital assets. If you cohabited together like husband and wife immediately prior to the marriage, a court may agree that the cohabitation time should be added to the length of the marriage when deciding on how far back to calculate marital assets.

In relation to the divorce, she can only apply under unreasonable behaviour or (if you admit it) under adultery. Otherwise she must wait for 2 years and apply with your consent.

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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Customer: replied 1 year ago.
Thank you very much for your time this evining ***** *****

No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris