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length of marriage

Posted by bigman60 
length of marriage
December 04, 2020 06:58PM
Hi David, would a 13 year marriage , be classed as a long marriage in a divorce settlement ? i have paid in to my pension fund for 30 years 2nd marriage it lasted just over 13 year ex now wants it all to go into the pot because she claiming its a long marriage .is their any light at the end of this rabbit hole ,



Edited 1 time(s). Last edit at 12/04/2020 08:08PM by bigman60.
Re: length of marriage
December 05, 2020 12:38PM
Assuming that you have not been cohabiting for 30 years and that the length of cohabitation is approximately the same as the length of the marriage pensions assets which you acquired before marriage are not necessarily matrimonial assets. If and when an actuary is asked to prepare a report on pension sharing you need to make sure that the question is asked what would be required if (a) all pension assets were taken into account and (b) what would be required if only those pension assets which were acquired during the relationship were taken into account.

There are no hard and fast rules here. On the one hand pension assets which were acquired before marriage are very likely non matrimonial. On the other hand courts have to take into account the needs of both spouses. Sometimes needs can trump whether an asset is non matrimonial. It very much depends upon individual facts.
Re: length of marriage
December 05, 2020 03:24PM
thanks for your prompt reply ,David .there was no cohabitation period . the pension fund have provided a CETV figure and a straight line apportionment.figure ,which she does not want to agree the latter .hopefully can catch the judge on a good day ,and perhaps there is a glimmer of hope to be allowed to ring fence .
Re: length of marriage
December 06, 2020 04:57PM
I have just acted in a case where one spouse wanted to exclude pensions which had accrued before the marriage and the argument was successful at the final hearing so it does happen. Do remember, though, that facts can often trump ideals. If the other spouse had been approaching retirement age with no other pension assets then the exclusion argument would not have been as strong and may have failed.
Re: length of marriage
December 07, 2020 12:16AM
thanks again , we can only try
Re: length of marriage
December 08, 2020 11:55AM
i hope you don't mind me asking you another question , my ex-wife was in a cohabitation relationship with another man for nearly 4 years at the FDR she said its was over. do you think that would reduce her needs claim ,against me ? as her current financial position is a result of her last relationship ending . thank you



Edited 1 time(s). Last edit at 12/08/2020 12:05PM by bigman60.
Re: length of marriage
December 08, 2020 04:08PM
So,

1. What is the date of the marriage?
2. When did you separate?
3. For what period did she cohabit?

Also, why is her present position attributable to the period of cohabitation?

Given your particular circumstances the answers to these questions are very likely to be relevant.
Re: length of marriage
December 08, 2020 04:48PM
we were married march 2003 to march 2019 that is when decree absolute was granted .but we separate in nov 2016 she admitted been in a relationship with him in dec 2016 at court and they cohabit for over 2 year which ironically ended in aug 2020 when i asked her to provide his financial disclosure for the FDR . they were living together in the FMH and had joint bank account. i was thinking if she been living with some one else, and that relationship failed why should i have provide for her. hope this info helps. thanks David



Edited 4 time(s). Last edit at 12/08/2020 06:54PM by bigman60.
Re: length of marriage
December 09, 2020 10:47AM
Because you are the one married to her, not him. Furthermore she is asking for a share of the matrimonial assets which is not you providing for her and which she would be entitled to whether she was cohabiting or not.
Re: length of marriage
December 09, 2020 10:59AM
not what i wanted hear but if that's how it is , c'est la vie. thanks David
Re: length of marriage
December 22, 2020 03:41AM
i am self representing , do you bring it up at the FDR that you want to try and ring fence part of the pension ? can a FDR judge apportion the pension. Do you wait for the final hearing, if an agreement cant be reached .as it will be a different judge's ? thank you
Re: length of marriage
December 22, 2020 11:03AM
You can bring up whatever you want at an FDR. A judge will always politely tell you whether it is relevant or not. If you want to ring fence part of a pension in general you need proper calculations.
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