Hi
can anyone please clarify for me,
we have been married 6 years( no children) and I feel a bit confused as to exactly what is in the "pot"

On the one hand I am hearing that we take what we put in and divide up increase in assets .

On the other hand I hear that after 6 years everything is in the "pot"

I had more value in my property when we met but stbx had a much larger pension.
What do others think ? everthing in the pot or just increase in equity .
It seems unfair to me if my equity before we married is in "pot" and not his pension unless I get a bigger asset split .

What do others think?

If you're divorcing in England or Wales I've never found any law or precedent that says pensions accrued before marriage are not for sharing.
I believe Scottish law excludes money in pension funds accrued before marriage and after separation and the difference in that respect between the law in England and Wales and in Scotland is usually commented on.
If my ex had come up with that argument I would have asked for written evidence of the legislation or precedents/appeals etc to support his case- failing that all his pension's in the pot- ie it's a marital asset.
Again for England and Wales: I understand whoever contributed whatever to the family home whenever it's always regarded as a marital asset for sharing.

Thanks maggie
I think that helps !
I do keep hearing that pensions accrued during marriage are what count . Think its to do with length of marriage .
A short marriage ( under 2 years)and you take out what you put in, a long marriage ( over 10 years ) and its all put in pot , and 6 years!!! somewhere in the middle!
I have suggested to my stbx that since we both had around same assets when we married we could just divide everything 50/50 now , but hes not keen at all to involve his pre married pension !

shinyhappypeople wrote:
hes not keen at all to involve his pre married pension !

...in which case why would you share your pre-marital assets in the home?

The best way is that he retains his pension; and you retain the larger slice of the home? Any reason you'd not do that?

Hi
Thanks for replies
that is just my thoughts, dont mind sharing everything,but do mind sharing my increased property if not sharing his pension.
Just wanted some confirmation of this, hopefully we will be able to agree on a fair split!
All seems so easy when you first start out doesnt it ?
You decide on what seems fair and assume other person will see that too!!

Hi

Similarities - been married 6 years. I started the marriage with £89k and he started with £35k + £90K pensions. I also keep hearing that I won`t get his pensions prior to marriage and its what my x is stating. Can`t be fair that he keeps all his pensions and half my money. First Appointment today - self repping and so was he. Judge was horrible and I have done everything factually and precise - x has not completed E forms and late with them too - judge said nothing!!! You have my sympathies. Any news on yours yet?

Susan

Hi susie


Have sent you pm , am still trying to find out myself about 6 year marriage . If you do decide to try and take out what you put in , you will be en­title­d to bigger % share of cash assets now . It does get complicated trying to agree values before marriage 6 years or so ago , sometimes I think a straight 50/50 split if no children would be much easier if you both had similar assets coming into the marriage . I think Im right in saying Pension assets are not worth as much as cash assets so his pension of 90k would = about 45k of cash assets , so you had similar amounts when you married ( you 89k him 35k + 45k ( 50% pension) = 80k )
Am I right here? anyone else got any thoughts ?

shiny