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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Going through a divorce I'm 55 retired on ill health with a

Customer Question

Hi going through a divorce I'm 55 retired on ill health with a pension pot of 432k 75k in savings my own property worth 77k. Spouse is 57 in full time min wage employment living in rental property. Marital home was sold I agreed to give her a bigger share of proceeds 80k to my 63k and gave her 100% of contents she did not wish to claim on my pension. Her pension pot is 10k. Divorce got thru decree nisi consent order agreed, we agreed and signed clean break order so thought divorce soon be finalised but judge has knocked back clean break order as unfair to spouse. I'm annoyed at this because if there was a problem why didn't anybody flag it up before. Now I know we can do divorce without clean break order but that leaves yer wide open for her to potentially come back for more later and we both want a clean break. Given the info I've provided and there's. No dependants just an outline idea if I offered 40k pension offset plus % of my pension = 68k do you feel from experience the judge would agree to clean break order with that
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

Please remind me how long you were mrried.

Customer: replied 4 months ago.
11 years
Customer: replied 4 months ago.
Ps extra share of house in her favour 17k total pension offset if I offered her 40k lump sum = 57 k
Expert:  Clare replied 4 months ago.

What capital did you each bring to the relationship?

Customer: replied 4 months ago.
I brought virtually all she had clothes etc. She did work p/t on occasion but yes most of the money came from me. I know re pension it's portion of years we were together less pension offset ie such a greater share of house or a lump sum
Expert:  Clare replied 4 months ago.

Actually it is not that simple at all

What was the exact wording of the letter rejecting the Consent Order

How long had you been paying into the pension and does your ex have her own pension?

Customer: replied 4 months ago.
31yrs then retired on ill health got p.pot ceqtv 432k, she only has a small p.pot of 10k.during our years together she just did odd bits of p/time work. Her pot was from a work pension from before I met her.
Expert:  Clare replied 4 months ago.

And the exact wording of the letter rejecting the order?

Customer: replied 4 months ago.
Ain't got it right to hand but will fwd when I can thanks
Expert:  Clare replied 4 months ago.

Add it when you can!

Customer: replied 4 months ago.