Nigel@BDM
Gold Boarder
Nbr of posts: 92
 England and Wales
Thanks received: 12
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Re:how to count pension in 20+ years time? 1 Year, 2 Months ago
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InLimbo,
I did choose convenient numbers for my example. In your case of £250k home and £100k CETV then, to state what I'm sure you know, there is simply not enough assets to give one of you the home outright and be fair between the two of you: regardless of how pension is handled.
I think Hadenoughnew's comments form an excellent starting point. I might add that a fair division of assets may not be the objective: a court will look first to ensure needs are covered, espcially for PWC.
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Actuary, Bradshaw Dixon Moore. We value pensions and pension shares on an appropriate basis for use in divorce. We are delighted to be partnering Wikivorce with our direct to public services, including our free Guide to Pensions on Divorce, which you can access through Divorce Services or follow http://www.wikivorce.com/divorce/Services/Pension-Valuations-and-Reports/
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InLimbo
Platinum Boarder
Nbr of posts: 135
 England and Wales
applicant in divorce
Thanks received: 5
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Re:how to count pension in 20+ years time? 1 Year, 2 Months ago
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thanks again hadenoughnow sounds like sensible advice. BDM have just confirmed what i already knew that there is not enough equity for him to have pension and me the mh.
The 2 cetv pensions referred to are no longer being contributed - he currently has a new pension with current local government employer. Does this mean they are frozen?
From what i've read actuarial report would not be cost effective in my case.
Barristers opinion - will have to look further than yellow pages then - none listed for Isle of Wight.
Ex will not agree with proposals I put forward, but in doing so, it will make me feel better and perhaps at a later date someone somewhere will see that I tried to do the sensible thing.
Completely agree with your comments re mesher order - it must somehow feel like a millstone around your neck. Also, no pressure kids, but if you fail at 'A' levels and dont get to go to uni we'll have to sell the house - dont'like this one somehow.
Being practical I have checked with Building Society and they will lend me £34,000. Ex earns about £27,500 so presume he could get £110,000.
Only other assett is his mothers house which he own one fifth of by deed of arrangement. His mother is 91 - have had conficting views as to whether this will go into the pot nor not?
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bornjoyful
Junior Boarder
Nbr of posts: 9
 England and Wales
partner of divorced/divorcing person
Thanks received: 0
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Re:how to count pension in 20+ years time? 1 Year, 2 Months ago
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NIgel can i just ask whether the fact that a house ion todays market valued at £100,000 is actually worth a lot more in 20 years time is ever taken into consideration- most houses just last summer were worth 25% more?
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OHPPS
Senior Boarder
Nbr of posts: 27
 England and Wales
already divorced
Thanks received: 0
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Re:how to count pension in 20+ years time? 1 Year, 2 Months ago
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An interesting discussion, and one which I have an interest in. In my case pension sharing was not an option as I was divorced 14 years before the ancillary relief proceedings were issued in 2007. The only assets left after my ex squandered everything were the house and the pension which were roughly the same value . I had a solicitor who also quoted me the 25% dicounted value of the pension. Once she had said this to me I dumped her after 4 years. New solicitor got things moving through the court only ever had the FDR. The judge actually looked at what should be my compensation for the fact that I had brought three kids up without maintenance and that during the 14 years I had no financial support for the kids and at the age of 48 had little time left to build up a pension fund. The answer was he thought I should live mortgage free albeit in a smaller house so that I could provide a base for my soon to be adult children. If you look through the case law on bailii this is a factor which is taken very seriously, and please correct me anyone that this should not be the case for late teenagers and thier carers. In my case I paid my ex out from a modest mortgage which I knew I could afford. At the end of the day it was both mine and my kids home and of course my pension fund whether I sell and invest the proceeds or choose to live rent free in my retirement.
The idea of mesher orders are fine in the sense that the parent without care has to keep paying. Then eventually gets his capital. I have read in some case law that if this maintenance issue is not adhered to then the arrears can be deducted from the sale proceeds of the FMH. Perhaps DL would like to comment on this?
Best wishes and happy xmas
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