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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4668
Experience:  LLB (Hons)
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Please to speak to sash_law. In financial agreement what

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Please to speak to sash_law. In financial agreement what percentage of my husband’s pension I should expect to get after the divorce? Thanks

Hello again

What assets of the marriage are there?

Was the pension accrued during the marriage or before or both?

Customer: replied 1 year ago.
During the marriage. And we have a house and a car on lease. That’s about it all. Thanks

How long were you married?

Customer: replied 1 year ago.
20 years

For a long marriage like yours, the starting point is a 50/50 share of all marital assets.

The court then looks at the factors listed in s25 of the Matrimonial Causes Act 1973 to see whether the starting point needs to be adjusted. You can find the exact list of factors here: http://www.legislation.gov.uk/ukpga/1973/18/section/25

You'll see that there are a variety of factors the court will take into consideration in order to try to come to a fair settlement between you.

These are just starting points - it is impossible for anyone to tell you exactly how much you might be entitled to without full financial disclosure from both parties. You will need to make a financial claim to the court during the divorce proceedings - and can do so on Form A.

Customer: replied 1 year ago.
Thank you. I was told that it’s likely to get only 25% of his pension. What do you think? What is usual/ most common outcome in the divorces after 20 years of marriage- specially in case where I don’t have any pension even though I was always working. What is your experience?

There is no 'usual'. As I said, full disclosure would be needed.

Customer: replied 1 year ago.
Ok thank you.

You're very welcome.

You need to gather all the financial info you have together so that when you do financial disclosure you have everything you need.

I'd appreciate if you could kindly take a moment to rate positively as that is how I am paid for assisting you - thank you!

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