UK Divorce Law and Pensions question?

Question

I'm hoping someone out there has a knowledge of divorce law and pensions who can give me an idea here in a rather complicated situation.

My Mother was abandoned 19 years ago by her much younger second husband. They sold houses and so on and did some arranging of finances at the time, but never actually divorced. Now, she is approaching 70 and as she is one of those women who, in her day, stayed home to look after children, has to survive on Pension Credit now. The biggest problem with Pension Credit for her is that, as a middle class woman and homeowner, she can't survive on that small amount, and she is not able to supplement her income with any work, which she would like to do (her benefit would be "docked").

Now I wonder how much she would benefit (no pun intended!) if she was to make contact with her separated husband and arrange a divorce. As he is 20 years her junior and won't be at pension age for a long time yet, would she be entited to any pension from him? No kids.

Answer 1

As there has been no divorce and no financial consent order, her claims against him (and his against her) are still "live". Really the best thing your mother could do would be to make an appointment as soon as possible to see a family lawyer. I think there should be a divorce - after all, as her husband, he may have a claim against her estate when she dies. For that reason alone she needs to see TWO lawyers - one about a divorce and one about making a Will. If she doesn't, this man who is still her husband and legal next of kin (oh, yes he is!) could snaffle her whole estate from under the noses of her real family.

Whether she will be entitled to receive much of a financial settlement from him will depend on his income and capital, hers, and the length of their marriage. I am pretty sure that the circumstances of the break-up don't come into it in England and Wales - only seriously dreadful behaviour is taken into account in determining finances in divorce - this literally has to be something like hiring someone to murder your spouse! Your mother absolutely must see a solicitor before she contacts her husband - for all you know, if he has nothing to give her, he may view this as a golden opportunity to get something out of her.

When she and her husband "did some arranging of finances" was anything written down? If so, she should find it if she can and show it to the solicitor. An agreement with dates and signatures on it may not be strictly binding, but it might persuade a District Judge that this was what the parties freely agreed to at the time.

I do wish your mother lots of good luck and hope her divorce goes smoothly and painlessly.

Answer 2

All I can think of is the EU gender discrimination act that came into force at the end of last year. Which basically states a man and woman must be offered the same annuity rates and you can't discrimate on sex. But i cant see how this could have any effect on a court order made 10 plus years ago. I always thought that couples negotiated the finanical settlement, and other assets could be offset against pensions for example a husband may get 100% of his pension but the wife gets 100% of their home, non pension assets. If they can't reach an agreement they court would make the decision, you seem to say that there were only penison assets and your ex got the vast majority of these were you not given anything else in the settlement? Sorry to say but from what you've said I think you got screwed by your lawyers in 2001

Answer 3

If your mother and her estranged husband never divorced then she should be entitled to everything that is unless he has made a will to state otherwise. I really think you need to seek legal assistance. Try the CAB if you live in the UK to start off with. Good luck.

Answer 4

I'm sure she'd be entitled to something. She needs some legal advice quickly.

Answer 5

Sounds like she needs to get off her high horse,and not be so far up ones self.