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  1. #21
    Veteran ผู้มีประสบการณ์
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    Lucky

  2. #22
    Forum Regular สมาชิกประจำ
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    To answer the original questions..Is your wife entitled to a share of your pension..? Your marriage is not a long one .If you had been married say 12 years or more the chances are it would be considered a long marriage and in those circumstances your wife would be entitled to 50% of your pension or even more. Your wife is probably considerably younger than you and a woman so she is likely to live longer .Therefore the pension provider will argue that to give her a reasonable income she needs 50 to 60 % share of your pension pot. However you have been married 6 years and you can argue that she has not really given up much in the way of earning capacity in the marriage to you..ie..she can still work long enough to build up her own pension..
    Your other concern..if she has her name as the joint owner of the house does she get 50% of its value..Possibly..There are no hard and fast rules in a financial settlement after divorce unless you live in Scotland..Most things are by negotiation..and in the end it comes down to what is fair and reasonable and the Court has the final decision..

  3. #23
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by alanr View Post
    ...but ready for divorce now had no contact for one year up until today , we have agreed she keep her house i keep mine .

    so nothing to share , just need a divorce now so
    Start here

    can we use the same solicitor ?
    You don't NEED one, it is possible to do it yourself IF both parties agree and there is no hassle.

    and what reason can we use for court to grant a divorce
    There are only 5 reasons you can get a divorce.
    Adultery
    Unreasonable behaviour
    Desertion
    You have lived apart for more than 2 years - If both agree
    You have lived apart for more than 5 years - If either disagree

    To start proceedings and put in your papers will cost £550.
    I'm ONE of the 52%

  4. #24
    Moderator Tobias's Avatar
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    Tobias - โทเบียส

  5. #25
    Premium Member ash's Avatar
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    On a practical note does the blame factor make any difference to any property split etc ?
    Human beings are seventy percent water, and with some the rest is collagen

  6. #26
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    .hi gary

    So i can arrange a DIY divorce

    Thanks to everyone

    Also wife has repeatedly said one yr ago and yesterday (not change her mind ) she dont want anything from marriage


    She has land and house in los so everthing is evenly split

  7. #27
    Moderator Tobias's Avatar
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    Quote Originally Posted by ash View Post
    On a practical note does the blame factor make any difference to any property split etc ?
    No .
    Tobias - โทเบียส

  8. #28
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by alanr View Post
    So i can arrange a DIY divorce
    Yes, just download the forms. It'a bit of a fiddly job getting them and the guide notes but a little perseverance will pay off.

    Also wife has repeatedly said one yr ago and yesterday (not change her mind ) she dont want anything from marriage
    As long as you both agree everything, there are questions to tick off to say that all has been sorted and agreed about split/property etc.
    I'm ONE of the 52%

  9. #29
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    the only thing that will influence a settlement is a solicitor ,leeches if they smell money they want it ...and will try and make your ex to do anything for her gain ,not true, but there gain these are the only gainers in a divorce,,, fact

  10. #30
    Moderator Tobias's Avatar
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    Quote Originally Posted by Samsung View Post
    the only thing that will influence a settlement is a solicitor ,leeches if they smell money they want it ...and will try and make your ex to do anything for her gain ,not true, but there gain these are the only gainers in a divorce,,, fact
    Absolute nonsense.
    Tobias - โทเบียส

  11. #31
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by Samsung View Post
    the only thing that will influence a settlement is a solicitor ,leeches if they smell money they want it ...and will try and make your ex to do anything for her gain ,not true, but there gain these are the only gainers in a divorce,,, fact
    A bad experience me thinks then Samsung!
    If you get a Solicitor involved, yes it will cost you, but they will do what you want, that is their job, the will of the client.
    I'm ONE of the 52%

  12. #32
    Premium Member KhunIanB-UK's Avatar
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    A bad experience me thinks then Samsung!
    I had one of those. My solicitors were very professional, but the ones my ex used were very similar to what Samsung describes. Hopefully they are very much in the minority though. They had many tricks and advised my ex that as she was entitled to legal aid she would not have to pay anything to pull out all the tricks along the way. It got very costly and I think they did very well out of it.

  13. #33
    Premium Member ash's Avatar
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    I had an amicable divorce until my ex wife appointed a solicitor who promptly informed her that she should claim x y and z as a settlement. The dumb part was I had already agreed better terms with my wife beforehand so said solicitor almost saved me money , she was given her marching orders by the ex pretty smartly and I still ended up paying a fortune for the next 12 years or so until she remarried.
    Human beings are seventy percent water, and with some the rest is collagen

  14. #34
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    A solicitor will do what you instruct..yes sir..But what they often fail to do is to tell you if it is fair and reasonable..Divorce is really easy..You do not need a solicitor..But you do need a solicitor for the financial settlement..And even if you agree on a financial settlement it may be the court that has the final say when it comes to pensions,houses,children..etc..

  15. #35
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by tudorowen1 View Post
    But you do need a solicitor for the financial settlement...
    Are you sure?
    The financials are stated in the divorce papers and can be agreed by both parties.
    I'm ONE of the 52%

  16. #36
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    Yes..you are correct if everything is amicable but if not then you need a solicitor...especially if a pension share , pension transfer,offsetting of assets..ie..giving your ex wife the house instead of a share of a pension..And even then if everything is amicably agreed a court could stop the divorce if it thinks something is not fair and reasonable..The wife might have been bullied into the financial/custody agreement..!

  17. #37
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    Not strictly in relation to yourself but to divorce in general.................I seem to be becoming quite an expert at it ...............but seriously - a lot of us here are married to younger partners so this information may be quite interesting if things aren't working out.

    In working out a financial settlement, a court will consider many factors but I recently became aware of one I had no idea about.......the financial impact of the settlement upon both partners. My ex and I had only been married for 4 years when we broke up. I had held 100% of my assets since before we were married so naturally I was alarmed at the prospect of my wife getting a share of them so I took some legal advice. The lawyer told me that amongst other things the impact of the settlement would be taken into consideration and for once, being older worked in my favour - as my lawyer explained at the time........."you have 9 years left to work, your wife has 30. Clearly you have little time in which to recover from any financial impact whereas your wife has 30 years" On the lawyer's calculation, with a sympathetic court and taking the other factors into account, she said my wife would get "between zero and a small amount". (I must point out that there were no children involved)

    So, those of you in that situation, don't despair. Things might not be as bad as they seem.

  18. #38

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    Alanr

    She's entitled to half of everything inc your pension unless she agrees to less

    Best thing is to negotiate


    Sent from my iPhone using Tapatalk

  19. #39
    Premium Member -Keith-'s Avatar
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    Quote Originally Posted by rocketman View Post
    Alanr

    She's entitled to half of everything inc your pension unless she agrees to less

    Best thing is to negotiate


    Sent from my iPhone using Tapatalk
    No she's not
    If you're offended by any assistance I give, it says far more about you than it does me.

  20. #40
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    Quote Originally Posted by rocketman View Post
    Alanr

    She's entitled to half of everything inc your pension unless she agrees to less
    This is completely incorrect Rocketman.

    Each case is decided upon its own merits - for example, see my post above.

    Alan, go see a lawyer - many will give 30 minutes free.

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