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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2505
Experience:  LLB (Hons)
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I'm currently going through the divorce process after 16

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Hi there, I'm currently going through the divorce process after 16 years of marriage. I would like to know does my ex wife have 50% entitlement to my pension? If so is that the final amount when I receive it or half of the cash value of it for the period we were married
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Trying to settle on a mutual offers
JA: Have you talked to a lawyer about this yet?
Customer: Yes But would like a 2nd opinion on the pension side
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have offered my wife a deferred sale of family home for her and 2 children up untill the youngest reaches 21 which is in 8 years. I have then asked for a 50 50 split. I have offered to pay 50% of the mortgage during this period also.The ex to be is demanding 65% in her favour. I would like a fresh professional opinion. Thanks

Hi, I'm Lea

Was the pension accrued during the marriage, before, or a combination?

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Customer: replied 7 days ago.
During

Then your pension will be part of the marital pot of assets. How it is divided will depend on what else is available to share.

Customer: replied 7 days ago.
i have offered to share the family home 50 50 after 8 years deferred period, youngest child will be 21

You and your wife can agree a settlement between yourselves - so if you offer the house and she is happy to have that 50% on the basis that you continue to pay 50% of the mortgage, then that would seem fair. If she wants some other split, then whether or not that is fair would depend on an assessment of the whole of the matrimonial assets (i.e. full disclosure).

If you can't agree between yourselves and one of you applies to court for a settlement then the court will decide based on needs and the factors in s25 of the Matrimonial Causes Act 1973.

Customer: replied 7 days ago.
Thankyou. Just wanted to confirm with regards ***** ***** pension will she be entitled to it upon retirement or up until the divorce date? Reference white Vs white case

It will depend on what agreement you reach - or what a court orders.

SASH_Law and 4 other Law Specialists are ready to help you
Customer: replied 7 days ago.
thanks for your help

You're very welcome.

All the best.