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A Complete Guide to Pensions & Divorce

Pensions are often the most important asset, other than the family home, to be added to the matrimonial pot upon divorce.

However, many couples do not take account of pensions for purposes of the financial settlement, as this can be a rather complex area.

We will answer most of your frequently asked questions as well as providing you with links to further information about splitting pensions in a divorce.

How does a divorcing couple decide how to split pensions?

The couple separating will normally decide on one of these options through negotiation and/or mediation.

The arrangements you reach on the division of your pensions will form your financial agreement and should include all other held assets, such as savings, property, and assets.

Whichever option is chosen, a consent order should then be obtained to ensure that the agreement is legally binding.

If you cannot agree on how to split your pensions, a court may need to impose a decision.

It is always best if you can negotiate a financial settlement between you without the help of the court, but for those that cannot, the Judge will do it for you.

The aim of any divorce split should be about fairness and equality based on needs, length of the marriage, children, and so on.

Splitting money and assets equally doesn’t always mean 50/50, so be mindful of that when negotiating around the division of your pension funds.

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    Do I have to share my pension when I divorce?

    Your pension should always be included in your financial settlement if you divorce or dissolve your civil partnership.

    Pensions are usually one of the most valuable assets within marriage after the matrimonial home. This can, however, depend on the length of the marriage.

    Once you have agreed upon your settlement you will need to write it in a legally binding consent order.

    Can My Ex Claim My Pension?

    You should always include your pensions within your consent order. If you don’t either party can make a claim on their ex-spouses pension, regardless of how long they have been divorced.

    There have been many cases in the press showing spouses that have been divorced for 10+ years claiming future and further money and assets from their ex-partner.

    Claiming Pensions in Divorce

    Tool – Which Financial Order Do I Need Tool

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    Have you reached an agreement with your spouse on your financial split?
    Yes
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    Would you like our solicitors to review your financial agreement and provide you with a written report and a 30-minute legal advice phone call?
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    Legal Advice Consultation - £130 Service

    Speak to our family law solicitors to receive professional legal advice to understand your legal position and where you stand in relation to a financial split.

    • Legal advice is given on your legal position
    • 1-hour telephone call with your solicitor
    • Instantly schedule a call in with your solicitor
    • One low-cost fixed-fee payment of £99
    Complete Our Secure Checkout To Get Started - £130

    Financial Agreement Consultation Service - £299

    Having a qualified family law solicitor review your financial agreement and provide a full consultation on it will ensure that you are receiving a fair settlement.

    • Legal advice is given on your legal position
    • Free 30-minute telephone call with your solicitor
    • Tailored, detailed written report based on your agreement
    View Service Information - £299
    Which assets do you need to split as part of your financial agreement? Select options below.
    Division/sale of a property
    Division/sale of 2 or more properties
    Division/split of pensions
    Child maintenance agreement
    Spousal maintenance
    Division of joint debt(s)
    Division of savings
    Division of investments
    Division/sale of a business
    Other
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    Detailed Consent Order - £499

    This service is ideal for couples that want to put their financial split into a legally binding financial order, to ensure no claims by either party can be made in the future.

    This service can include any/all of the following;

    • Division of pensions
    • Property portfolios
    • Divison of business assets
    • Sale or transfer of property
    • Personal belongings
    • Lump sum payments
    • Child/spousal maintenance

    Why you should choose this service...

    • You'll save over £1,000 compared to hiring high-street solicitors.

    • Everything is completed online, no time off work or court appearance necessary.

    • Drafted by qualified family law solicitors.

    • We handle everything for you, from start-to-finish including dealing with the courts.
    Complete Our Secure Online Checkout To Get Started - £499

    Read more information on this service.

    Managed Consent Order Service - £399

    This service is ideal for couples that want to put their financial split into a legally binding financial order, to ensure no claims by either party can be made in the future.

    This service can include any/all of the following;

    • The sale or transfer of a property
    • Personal belongings
    • Child/spousal maintenance
    • Lump sum payments
    • Debt provision

    Why you should choose this service...

    • You'll save over £1,000 compared to hiring high-street solicitors to carry out the same service.

    • Everything is completed online, no time off work or court appearance necessary.

    • Drafted by qualified family law solicitors.

    • We handle everything for you, from start-to-finish including dealing with the courts.
    Complete Our Secure Online Checkout To Get Started - £399

    Read more information on this service.