Divorce - Legal/experience type question

Been there myself, fortunately I had the better solicitor. As far as I recall, once the decree absolute comes through (in my case around 2004) that's it, all financial issues need to be resolved before and if there was any claim on the pension, that was the time to do it. This was a clean break settlement.

Obviously get legal advice but I'm pretty sure that unless there is some evidence that the other party failed to disclose assets or was involved in some other dishonesty about the proceedings, once the court puts its stamp on the case that's pretty much it, there's no further grounds for appeal.

From what I was told at the time, the new rules regarding shared pension rights are meant to protect a woman (or I guess a man for that matter) who leaves the job market for a significant time (20 or 30 years) to bring up a family and so accrues no effective pension of their own; since they reasonably assume that their partner's will provide for them. Obviously if they divorce before or close to retirement, then some financial arrangements need to be made since it is argued that by keeping house, they contributed to their partner's earning capability and as such are entitled to a proportion of any pension that results. Any settlement is based on how long they were married and whether or not the contesting partner has worked or indeed is working or will work in the future i.e. a 55 year old would get a better deal than someone much younger, I was actually surprised how fair the system seemed to be.

[Biker Biggles]

Not been there myself,but have known of several cases among friends.The overwhelming experience is that when these things go to dispute the lawyers take all the money.
An example from a few years ago.My mate had a nice house,wife and two kids,but it all went wrong and they got divorced.He offered a 50/50 split on the house and whatever else there was but she spoke to a lawyer who said she was entitled to more.This was true except by the time it all got settled there was virtually nothing left to split.He ended up in crappy digs and she ended up on a really crappy council estate on benefit.Im sure the lawyer still does very well.

Originally Posted by skint

Neio, you're a class act -cut to the chase!!

cheers i say what see LOL cut to the chase and no one is left wondering about your position on things

Originally Posted by skint

(15 years on and still paying personal maintenance - kids are 22 and 20!!)

I'd have told the workshy feckers to get a job and stop sponging by now.

[BoltonSte]

Cheers guys, yes I agree with all the opinions about her at the moment, if things don't work they don't work (I've begun to realise how bad it can be for someone in this type of situation now)

I just wanted to see if she did have a leg to stand on. The best way would be for the misses to convince her not to go ahead with it though (ideally before her father finds out) as it really will cause a lot of problems in the future.

I think the principal of being able to claim some of the pension is sound, but when you are working and have settled down with another man who is able to provide for you (more then with the ex) then it's just too underhanded.

If the wife can't make her see sense then the father in-law will get a little forwarning at least.

Cheers

Ste

Originally Posted by Lozzo

I'd have told the workshy feckers to get a job and stop sponging by now.

oh sorry misled you - they are (one at Uni tuther working) this is personal maintenance for the old bag which she gets til end of her days (any offers?) or if she remarries (any offers? nah, believe me, that won't happen!!)

[Biker Biggles]

"End of her days(any offers)"

I like your thinking.

Originally Posted by Biker Biggles

"End of her days(any offers)"

I like your thinking.

ooh if you do find a way to do this, give me a shout we could maybe get buy one get one free

Originally Posted by skint

oh sorry misled you - they are (one at Uni tuther working) this is personal maintenance for the old bag which she gets til end of her days (any offers?) or if she remarries (any offers? nah, believe me, that won't happen!!)

with my job and contacts it could be arranged LOL

Originally Posted by skint

oh sorry misled you - they are (one at Uni tuther working) this is personal maintenance for the old bag which she gets til end of her days (any offers?) or if she remarries (any offers? nah, believe me, that won't happen!!)

WHAT??

I'd have been declaring personal bankruptcy before my ex-wife got away with that one. What's wrong with her getting a job? Christ, you must have employed a woman divorce solicitor, mine even got my ex-wife to pay my divorce bill from him.

My mates called me a soft touch when I agreed to pay half one of my ex-girlfriend's daughter's school fees (other half was a bursary), because she wasn't my own child, but paying to support an ex-wife who can go get her own job...that's madness. Was your divorce solicitor a woman?