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Can you claim your partner’s pension after a divorce?

When a couple gets a divorce, it’s vital that their assets are divided fairly. Both of the people involved will need to use a substantial proportion of what they earnt throughout their marriage in order to make vital purchases such as a new place to live, furnishings etc. Surprisingly, though, a large number of people get a divorce without even considering their finances. A small minority of this group will be unaffected by this and will carry on with their lives. Most of them,though, will come to realise this was a mistake and, accordingly, will look to rectify it leading them to contact Quickie Divorce and ask if they can still claim a share of their former spouse’s assets even though their divorce has been finalised. Luckily for them, the answer is yes.

Why you can make a post-divorce claim

The financial ties that bind spouses are not dissolved following them having become divorced. Instead, they are severed when a court order that explicitly describes how finances, belongings etc. are to be divided is issued or granted. This can be achieved by agreeing on how things are to be divided without going to court and then submitting a request for a Consent Order before, or just after, the divorce has been finalised. Once this has been issued, the agreement becomes legally binding.

In the event that an agreement cannot be reached, one party can request that the court determine how joint assets should be divided. Once the court has then ruled on this issue, financial and further claims cannot be considered, the only exception being an appeal concerning the settlement itself.

So, a claim isn’t possible after a court order’s been issued?

Not necessarily. One common problem is that higher-earning spouses have used various tricks in order to hide some of their wealth. When compelling evidence of this is revealed, settlements have – following court hearings – been amended accordingly. You’d expect this to affect only the wealthiest members of society, but Consent Orders are regularly revealed to have been granted after one party provided false information. Most commonly because they deliberately undervalued their pension.

So, it is indeed possible to claim a share of your spouse’s pensions after you’ve divorced. If no order has been granted, an application for a share of your spouse’s pension or any other assets can be filed. In the event that an order has been granted, you can still make a claim if there is evidence that the other party was dishonest about their finances when they disclosed this information to the court.

Will I need a solicitor?

Whilst you don’t, technically, need a solicitor to claim a share of your former spouse’s pensions or any other assets, it’s advisable you do.

If you’ve been lucky enough to be able to agree on how everything should be divided, you’re certain nothing’s been hidden and are certain your agreement is fair, then you can save thousands of pounds in solicitors’ fees with Quickie Divorce’s personal plus service.

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