Legal Question in Family Law in United Kingdom
division of capital a pension
i am getting divorced no children are involved.
the property when sold will yield �226,000to be split
this is our total assets..
i am 53 a have not worked for 13yr due to ill health.
i recieve incapacity benefit, and a works pension.
total �714-00 pension + �504-00 per 4 week period.
she works part time as a tutor a also carries on a business which mainly deals in cash,,which she as declared as a loss making venture with false accountancy figures.
she is claiming she wants a larger part of the assets 50%+
and wants �50,000 in lieu of my pension..
Or she wants 50%+ and 50% of my pension now.
yet this would drastically reduce my standard of living
and hers would be dramatically increased at my expense.
i maintain that she should only be entitled to part of the pension on her reaching retirement age,and then her government old age pension can be brought into the calculations,thus allowing us both to live,
or should i try a claim maintainance of HER, due to the fact that i am on a fixed income a she can earn far more than me..
perplexing i know but i would appreciate any advice
yours P. Ward
1 Answer from Attorneys
Re: division of capital a pension
Hi. A couple of things are quite certain from your question. The first is that you should most certainly consider making a claim for maintenance from your wife. The other is that this is not a situation which necessarily calls for a 50/50 split of the matrimonial assets.Tied into both of these points is your pension.The entitlement you receive will fall into the ' pot ' for distribution and will affect any maintenance payable to you by your wife.
From the brief facts you provide I can see absolutely no reason why your wife should have an entitlement to more than 50%, and I can see no reason why she should not be liable to pay you maintenance. That said however there are many matters to be taken into consideration and it is important that you should have a full proper and detailed advice before agreeing any settlement.
You may care to look at our web site at www.legal- zone.co.uk where information is available on the matterswhich will be taken into consideration by a court when deciding ancillary financial issues on divorce. Alternatively, please do not hesitate to get in touch whether I will be pleased to give you more specific advice
Andrew Dutton
Legal Zone
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