Divorce Case Study - Pension Protected by Clean Break Order
08 September 2016
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After contacting our Divorce Solicitors for divorce advice about pensions, we were instructed to represent Mr W who was the Respondent in financial proceedings after his divorce.
Mr W and his wife had been married for 17 years and had 3 children together.
They had been separated for 12 years and Mr W had a new partner who he was living with and two more children after their separation.
Mr W’s ex-wife had applied to the Court for both spousal maintenance and a Pension Sharing Order. She argued that she could not meet her monthly outgoings with her current income and that she wanted a share of Mr W’s pension as she did not have one and he had two.
Mr W had his family to support and was worried that he would have to give part of his income to his ex-wife. He was also concerned that he would need to give away at least half of his pension, which would be crucial income for his family when he retired.
How We Helped
Divorce Solicitor Sarah Milner argued that as Mr W has a family to support, he needs his pension and income to support his family now and in the future. We suggested that as Mr W’s ex-wife had supported herself for 12 years, she didn’t need further income from Mr W.
Sarah also suggested that there should be a Clean Break Order in place, because when a Clean Break Order is granted by the Court, neither person can make a financial claim against the other in the future.
Both Mr W and his ex-wife reached agreement at Court. His ex-wife only got 24% of one of Mr W’s pensions. The usual starting point when splitting a pension is normally 50/50.
A Clean Break Order was agreed which meant that Mr W will not have to give up any part of his monthly income.
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