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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6368
Experience:  LLB (Hons)
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I'm doing a DIY divorce, my husband cheated on me and was

Customer Question

Hi I'm doing a DIY divorce, my husband cheated on me and was very controlling, would I be allowed half his pension
JA: Were any of the assets acquired before the marriage? Or given through an inheritance?
Customer: It's a work pension
JA: Where are you located? Divorce laws vary by location.
Customer: Birmingham uk
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have served papers on him, but he is refusing to sign them
Submitted: 8 days ago.
Category: Family Law
Expert:  SASH_Law replied 8 days ago.

Hello, how are you today? 

My name is***** would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 8 days ago.
Sorry my name is Dawn
Expert:  SASH_Law replied 8 days ago.

Hello Dawn

What other marital assets are there?  Do you both have pensions, is there a house, etc.?

Customer: replied 8 days ago.
No house no other assets I do not have any pension or savings no children involved just his work pension
Customer: replied 8 days ago.
He has savings but do not know how much
Expert:  SASH_Law replied 8 days ago.

The starting point for the sharing of assets in a marriage is 50/50 of all assets accrued during the marriage. The court would typically look at the needs of each party, the needs of any minor children of the marriage, and the factors as listed in s25 of the Matrimonial Causes Act 1973, which I will link to below.

It is important to note that the finances will only be reviewed by the court after the decree nisi (now called ‘conditional order’) has been granted, and will only take effect after the decree absolute (now called ‘final order’).

You will need to attend mediation (see link below on where to find a mediator) before you can make the application to court in any case, and can therefore agree everything ahead of the time to make the application to court. If you can agree, you can get a consent order drawn up, and the court will then seal that as a consent order (i.e. an agreement between you). Sealing the order makes it enforceable. If you cannot get agreement for a consent order, one of you will need to apply to court on Form A, and the court will list the matter for a hearing to see if a Judge can help you agree. If you still cannot agree, the matter will be set down for a new Judge to decide how to split the assets.

You will both also need to complete full financial disclosure, so each of you, and ultimately the judge, can see what assets there are and what is available to share. This includes everything from savings, property to pensions etc.

Until you each have full disclosure it is impossible to say what the potential outcome will be, but as stated above, the starting point for a long marriage is 50/50. There is no magic formula to use, just the law as described and the judge’s absolute discretion on the final decision based on that law.

Find a mediator:

Section 25:

Form A:

Form E:

Find a solicitor:

Customer: replied 8 days ago.
Thank you, ***** ***** help, but I knew all this, so I'm none the wiser, but thank you anyway
Expert:  SASH_Law replied 8 days ago.

Unfortunately no one can tell you what you will get from his pension. If it is an asset of the marriage, i.e. the part that was accrued during the marriage, then you will get a share, but what that share will be will be dependent on s25 as referred to above, and the judge's discretion.

Customer: replied 8 days ago.
This pension was from just before we met
Customer: replied 8 days ago.
The hovis factory closed down
Expert:  SASH_Law replied 8 days ago.

If the pension was accrued entirely before you married, then it is not a joint asset.

Customer: replied 8 days ago.
Ok thank you for your help today
Expert:  SASH_Law replied 8 days ago.

You're very welcome, glad to assist.

Expert:  SASH_Law replied 8 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.

Please note that there is no need to respond to this message.

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