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Good morning. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.
how long in total were you together including married?
is there a property to be included in the financial settlement?
does your husband also have a pension?
what is your preferred outcome?
The CETV is just an overall value from the pension company. Your STBX may have a claim on only part of that. That is something to argue with his solicitor.
You can give me the value of all your assets and incomes I can give you an indication of what each of you could reasonably expect
No problem. I am online and off-line over the weekend myself so I may be delayed getting back to you.
Scottish law is very often different although in respect of the division of marital proceeds, it’s more of a mathematical issue than a legal one. The financial result is going to be the same.
I am based in England but if you would prefer a Scottish lawyer, I’m happy to transfer it. Please let me know. Kind regards.
The starting point for the division of any marital finances is 50-50. That is then adjusted up or down, one way or the other in favour of one or the other depending on a whole variety of factors such as the financial wherewithal of the parties at outset and what they put into the marriage at outset and during the course, the financial wherewithal at the time they break up, what assets, including pensions, there are in the marriage, what income there is and what the needs are of each party after the breakup.
Just because something was accumulated before the marriage doesn’t necessarily mean it is exempt from a claim on breakup. A lot depends on what other assets there are.
If you can give me an indication of what other assets, I can give you an opinion.
You cannot look at the pension in isolation, it has to be looked at with everything else and the advice that you have been given about an actuarial calculation, is in my opinion incorrect. It would be correct if there was only a claim being made in respect of the pension from the date you were married.
I feel this is outside my sphere of expertise and I am therefore going to opt out for another expert to consider.
The thread is now open to all experts.
Please do not reply as a matter of course or courtesy, as it means that the question thread comes back into my inbox.
An expert with the necessary expertise will reply when they are online.
Thanks for your question. I am a solicitor in Scotland. You can go online and look at regulation 4 of the Divorce etc. (Pension) (Scotland) Regulations 2000. Pensions are apportioned according to how long the pension has been going applied to the length of the marriage and the date of separation and a formula is provided. Does that help to answer your question? I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today.