General Chat

Thankyou for all your comments ladies and gents. Yes I read that article with interest.

I have no children under 18 so no financial settlements required there.

Hes agreed to buy me out and we both got our own lawyers who as the article states are working out the figures between them.

It would of been quicker and easier if I had no pension! That is the only thing in this sorry affair that is complicating things and taking awhile to sort.

I have a good friend who has wanted to leave her husband for some years and now she has a pay rise, she can financially support herself...But she has 3 pensions and guess what? her husband has none. So seeing what I'm going through has made her change her mind for the time being until she has taken some advice!

I know that come next summer, I shall be a free, independent woman...hard up but happy!

Thanks again for all you contributions and comments, very much appreciated

Florence
in the hebrides


:-) :-) :-)

Sue, if Florence doesn't come back by tomorrow, then I'll do as you suggest. It's a good idea.

Andysmum

Thats a very interesting article especially about the pension .

Hopefully Florence will come on and read it.

Or could you send a copy of it to Florence via message Iin GR.

Dear Florence

Hello

I can't offer you any legal advice but can say this.

Hope very much that things continue to improve so that
you can live your life in peace and freedom.

There are many good things in life to be found
and you and your children deserve happiness.

Take gentle care of yourself
Love Elizabeth, EOS
xx

Like a lot of other things, divorce rules in Scotland are different from those in England/Wales. Much of it is similar, but not everything. This link tells you the basics. Good luck!

http://www.morton-fraser.com/knowledge-hub/brief-guide-scottish-matrimonial-law

Sooner hes paid off then you can go have a ball..


.but if it can be proved as I understand it ,any great loss will have an adverse effect on your being it can be ruled in your favour.......get your lawyer to earn his worth.

;-).

live life to the full....... :-D

Yaaay!! Bring on 2018, Florence!! :-D :-D :-D :-D

New start, new life.

Glad your blood pressure has gone down. :-D :-D :-D

Correct kay.But when i marrried, after several months later i transferred the bank pension into a private one.At the time there was £11500.Today the value was around 50k. So yes my lawyer will try to offset that £11500 but i still have to give him 50% of the rest.... that is where the law needs to be changed!!

As I said the cost of freedom and happiness is priceless. I guess I was able to pack up and leave in 3 days. Im renting a house on my own now, not cheap.

Strange too the day after i moved my blood pressure which had been so high returned to normal and has been great ever since!

Just wish i had been brave enough a few years ago to leave but i put my children first in getting them through uni and college and into work just recently.

I said 2017 would be MY year and so it was. Cant wait though to boot it out the door on the 31 dec and say hello 2018 :-) :-) :-)

Florence
in the hebrides

No claim can be made on any pension prior to marriage,so that should be safe....the remainder then needs a CEV done to determine what portion can be claimed on,if any.

:-D :-D :-D :-D

I was just expressing the opinion that they are a good idea in general.

No of course there is no point in mentioning pre nups, or triple taraq, or Sharia law..or indeed anything that has been said on the thread as none of it will help Florence.

Unless her ex has the integrity to turn down his legal share of her pension & how many would do that I wonder?

"Following precedent set in the 2010 ground-breaking case of Radmacher v. Granatino, prenuptial agreements are now afforded heavy evidential weight within the UK Family Court, unless considered to be unfair."

..So a prenuptial wouldn't have existed when Florence married - so not much use in mentioning it!! :-D :-D

But its not enforceful as a law. :-)

"Prenuptial agreements are not currently legally binding in England. However, a Judge is likely to take a prenuptial agreement into account when overseeing a case and is likely to uphold it, as long as certain safeguards have been met. Recent cases show that prenuptial agreements are being upheld in many instances."

Pre-nup doesnt exsist in the UK and isnt lawful.

I never checked if my ex had a private pension :-S
Oh - the blindness of young love!
However, when we divorced and he remarried, I presume I lost that anyway.
....and after marriage number 3 (his, not mine)- I expect the pot is nearly empty!

I found this - typically it has the man with his own pension, not the woman, one day officialdom will progress beyond the 1950's!

https://www.divorce-online.co.uk/DOL-Forum/threads/is-the-pension-you-accumulated-before-you-married-considered-in-a-financial-split.5860/

Thanks for your replies. Although what Sharia law has to do with me I cant imagine.!

I am an Englishwoman who is still married to a Scotsman(separated)

My gripe is that a private pension which was a bank pension started in 1980 which was invested elsewhere without a single contribution from my ex is now apparently half his.

A prenuptial wasn't really talked about back in 1993 when I married as I didn't own any property or shares etc in my own name so didn't consider I had anything to lose.

He was self employed all his life and never had a pension(his choice). So can someone tell me why he should get half of something he never contributed to. If it was the other way round, I wouldn't expect to get half of a pension he had before we married, why would I?

If I die before the pot is emptied, I have nominated my children to receive whatever is left but doesn't change the fact he stands to gain.It would be different if both partners were paying into a pension during their marriage because the contributions would be out of joint household income but this isn't.

My fund was worth around 50k.so 25k is being deducted from my share of the house less the remaining mortgage, less fees and I'm left with very little.

This area did take some Syrian Families last year(about 6 I think). There are one or 2 Muslims but not many. Whilst the Syrians say they have been made very welcome some have said in the local paper, there is nothing to do here and they are bored!! That's gratitude for you!!

Florence
in the hebrides :-| :-| :-|

All I know about this pension taking is.
My late husbands ex wife claimed half of his State pension when she was due to retire.They had been divorced 15 years and yet she was allowed by the DWP to claim
everything she could get her hands on including my wages.

But I had to see a solicitor about her not getting any money that I had worked for or any thing I had bought since we were married.

As far as I know she got 10% of his state pension and that was all she got.

I fight for what is mine and no-one gets a penny or thing which I paid for.

Rollo, I think it would have been polite to have asked Florence if Sharia law affected her, before presuming.

As for there being ‘quite a lot’ of Muslims on the Islands, in 2002 there were 14 families in Stornoway – but about half have since moved away.
Muslims make up 0.4% of the Shetland population – probably about the same % as when I was there - hardly ‘quite a lot’.

I beg to differ with your ‘declaration ’: “Women have little to fear from true Sharia but will never find it in places such as Bradford or Brick Lane, Bethnal Green.” Oh yes they will!

Telegraph 2008: Five sharia courts have been set up in London, Birmingham, Bradford and Manchester and Nuneaton, Warwickshire.

What you don’t seem to grasp, is that Sharia law isn’t the preserve of the Wahabi’s – it impacts on all forms of Islamic life, from hygiene, dress code, diet to economics marriage etc, so every Muslim conforms to at least some aspects of it, but not necessarily to the same degree.
There are also 4 sources of Sharia law – and each of these is subject to differing interpretations.
My dad was a 'relaxed' Muslim, but when he moved back to the UK, he always dressed modestly, and, out of respect, I wouldn't wear a boob tube and shorts when visiting him.
He wouldn't stop me, or say anything, but it's called courtesy.
It’s highly unlikely Muslims in the Islands would follow ‘strict’ Sharia law - the wind would blow their burkas off, for one thing!!.

On a different tack I was surprised when hubby died in 2015 that I was entitled to a percentage of his state pension

It is being phased out depending on the your and hubby's birth year

Hubby's sister was born in 1935 ,her hubby was born in 1932 . He passed in 2013 and she got all his state pension added to hers

Hubby was born in 1934 but I was born 1937 so I was only entitled to a percentage
Presume this is because the government wants folks to take out private insurance

But if you haven't worked since children were born,or worked with a company that didn't offer private pensions them you miss out all round