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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I married my ex partner in 1978, he was in the army, came out

Customer Question

I married my ex partner in 1978, he was in the army, came out as a staff sergeant in 1990, in 2001 we got divorced, at the time my solicitor did ask about his pension details, but nothing came of it, he has since remarried 3 years ago, i had to fight for everything, we had 3 children, when we met he had just joined the army, he has not been a good father to our children, i just wondered if at all i am entitled as a ex army wife some of his army pension
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question. Just a bit more information required to give you a full answer:-Have you remarried?-Was there a financial settlement as part of the divorce?
Customer: replied 2 years ago.
no i have not remarried. yes a financial settlement was agreed, but nothing relating to his army pension
Expert:  Harris replied 2 years ago.
Was the financial settlement approved by the court? If so, do you have the wording for it?
Customer: replied 2 years ago.
it was approved by a court, what do you mean by wording
Expert:  Harris replied 2 years ago.
What are the exact terms of the order, and does it state something similar to upon implementation of the settlement that it will be in full and final settlement of the claims you have against each other OR that you shall not be entitled to make any further application in relation to the marriage for an order under the Matrimonial Causes Act 1973?
Customer: replied 2 years ago.
just seen it yes it does say the act of 1973
Expert:  Harris replied 2 years ago.
but does it state that it is in full and final settlement and that you are not entitled to make a further claim under the act? It is usual for such settlements to be state this.
Customer: replied 2 years ago.
Expert:  Harris replied 2 years ago.
Thanks. Unfortunately, the settlement you had entered into would have been final and the only way to apply to overturn this is if it is found that your ex-husband was fraudulent or dishonest in his disclosure. To be honest, if you were aware that he had a pension that he was not disclosing, your solicitor should not have agreed to proceed with the settlement until this was disclosed.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.