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Hi Rabia, thanks for the question. I’m Chris and I’m a Solicitor in family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.
This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.
This question brings with it different answers depending on the detail. It’s not always a simple answer which can see dealt with in a few messages. Ideally I would like to speak with you about this although I appreciate that is a premium service with additional cost. If you would like to do that, please let me know. If not, I understand, and we can deal with it in this forum as far as we are able. Many thanks.
Thanks for this information. Just a few questions. What’s the length of the Marriage? The ages of the children? The ages of you and your husband?
What’s his income? You mention full time care of the children. Does that mean you don’t work? What’s your income and from where (eg benefits)? Many thanks.
Thanks for this. My general overview would be as follows. I don’t think you necessarily get any of his pension, unless you make a suggestion to the court that you needs are such that you do need some of that. The fund is too small. I think it will be offset against more capital of the property. Bearing in mind you have the two children and you have limited earning capacity at the moment. I would suggest there is not sufficient equity in here to meet either of your needs at this stage. My view would be that you’d stay in the property, the children would stay with you, this property would not need to be sold until the youngest is 18 or finishing full-time education. At that point the house has got to be sold or you buy him out and it’s transferred to you. I think that the split would be in the region of 65/35 or 70/30. You would obviously need to continue paying the mortgage and the bills et cetera. Your indemnify him so that if the mortgage company came after him because you didn’t pay he can make a claim against you.
You might get more from the house than having any of his pension.
The answer to these matters will depend on the Judge on the day. You might go before 2 different judges and get 2 different answers. If you are wanting some of his pension, then you would ask the court for this. However, if you received half, the reality is that this will not yield you a large return month on month when you retire. The court will be minded to ensure the children as priority. If your husband also has to wait until the youngest is 18 or ending full time education then the court will consider giving him 'credit' for waiting for that long period of time and therefore reflect this in the outcome. It could be the court goes as far as 80/20 in the house. Unfortunately, these matters are never easy and I appreciate how difficult it is for you.
I hope I’ve provided the information you were seeking? If you need more help, please let me know so l can continue to assist you. Otherwise, thank you for using JustAnswer. All the best and hope there is a favourable outcome for you.
I can only imagine. I hope it settles before the court has to make a decision.