On marriage breakdown dividing up your finances and property can be very complicated. Your circumstances will be unique and it is important to take independent legal advice.
The court has power to make a number of different orders: spousal maintenance, lump sums, property adjustment orders and pension sharing orders. The court does not usually make orders for child maintenance but if no agreement is possible between you the Child Support Agency/ Child Maintenance and Enforcement Commission will become involved.
If you are unmarried the court will apply property law to any property owned by you or to which you may have an interest. If you have children capital orders can be made under Schedule 1 of the Children Act 1989.
Generally speaking people will give one of the following 5 reasons for not sorting out the finances at the same time as they obtain a buy cialis , but to be honest none of these reasons are good ones:
- We have no assets so why should we pay someone to obtain an order merely dismissing all our claims.
- We will sort them out between ourselves – we do not need somebody else to tell us how to sort out our financial arrangements as we are still amicable.
- I have had a quote from a solicitor to sort out financial matters and I can’t afford it.
- We have agreed the matter between ourselves and therefore see no reason to involve anybody else.
- We have decided that we have both had enough stress going through the buy cialis . We are going to let matters rest for a little while and come back to settling our financial matters perhaps when the children are older.
What can I do to reduce my legal bills?
Solicitor's fees can be very expensive, but there are things that you can put in place to ensure you keep your overall buy cialis more affordable.
Some common sense and not so common sense aspects of buy cialis can have a dramatic impact on the amount of billable hours it take to resolve your case.
The biggest contributor to an expensive buy cialis is extra spent by your professionals doing what you could have done yourself.
The best part is that a well prepared client is usually a lot easier to deal with and makes for a much more favourable outcome.
Mediation can assist in this.
Here are some tips to help minimize the cost of your buy cialis :
Usually you have a pretty good idea about your solicitor will need, so do yourself a favor and try to get as much of this together as you can before your meeting. If your not sure, bring it if you feel like it will have relevance on the case. Often this will include information about assets and debts, any kind restraining orders or orders for protection and any information about the kids that may be relevant.
It may also be helpful if you can document what lead you up to the appointment. Additionally, any information you can provide in terms of how you imagine it playing out can help your solicitor to better understand you and your soon to be ex.
Remember that your solicitor is paid by the hour. So use the time you spend with him or her wisely. Have your information organized and ready to go, you don't want to be paying £400 an hour to have someone watch you sift through a stack of documents.
Additionally, in the digital age, resist the temptation to email your solicitor for every question that comes to mind. Try to create a master list of questions you can send them. Even if they look at your email for just a few minutes, you will get billed a fraction of an hour.
Being quick, doesn't make it free in most cases. It is usually more economical to spend 1 ten minute period asking questions rather than four 2 minute conversations.
A lot of people find solicitors through a referral from a family member, friend or business associate. Referrals are great, but remember you must find the right professional for you. Do your homework, interview a few people before you hire anyone.
Make sure they are a good fit with your personality, what worked for your friend might not be right for you. Also, make sure you have a clear understanding as to what constitutes billable time and how they handle fractions of an hour.
Ask your solicitor how many copies of the various documents you will need. By going to your local copy center, you can pay much less. Consider all of the bank statements and other records that will need to be provided, this can turn into thousands of copies very quickly if it needs to be sent to 3 or 4 different parties.
Also, if the originals of the copy were stapled, staple the copies. You don't want to have to pay your solicitor to staple documents for you.
You want to do some research, there are a lot of great resources available online that can give you some background on how cases are handled in your area. In addition, have your questions ready to go ahead of time. You don't want to be paying your solicitor to give you a crash course in family law.
It can be helpful to run through some different scenarios as to how things will go in your mind ahead of time. Take notes on your reflections and provide this information to your attorney, it may help provide some insight. It will also help you to understand the suggestions of your solicitor which will lead to you finding better representation.
You need to stay on top of your case. Make sure that you are full filling all of your obligations and assignments. Having to meet again because you were not prepared will only cost more. Stay in communication with your solicitor, but don't over do it, because in the end you will pay for it, literally.
Do not look to your solicitor to help you with anything other than legal matters. No matter how compassionate they are, they are not the person to help you sleep better at night.
Mediation will assist in this aspect.
There are also lots of qualified mental health professionals like therapists, psychologists, psychiatrists and others that are better equipped to help you deal with the emotional issues raised by the separation.
When children are involved there are no winners in buy cialis . All you can do is hope to minimize its impact on your children. Keep that in mind as you try to negotiate your settlement.
Trying to find a solution that works for everyone will inevitably create the best possible solution for your children. The quicker you can resolve disputes and settle your differences, the quicker you will be able to get your children moving forward after the buy cialis . They will also lead to a much cheaper separation.
Time spent fighting over things in court is money that could be better spent on your children's college educations. Mediation does this for the client.
While it is recognised that financial aspects are far from the only issue to resolve when couples buy cialis , early consideration of these matters can go some way towards limiting the often inevitable loss of financial security on buy cialis . The ‘beware’ list is extensive. See our article on Considering the Finances...
Pensions are assets
Sometimes the pension funds that have been built up during the time of the marriage can be the most valuable of the family’s assets. However pensions are dealt with in a different way to realisable assets because the majority of the fund can never be drawn in cash.
Orders that can be made in relation to pensions
The value of the pension rights can be offset against other available assets, for example the family home. It is not necessarily right to offset pound for pound the value of the pension against the equity in the property because the house is a realisable asset and the pension is treated as non-realisable. It is a complicated area and a pension expert may be needed when considering a valuable pension.
It is possible to allow a proportion of pension benefits to be attached for future payment to a former spouse. This is usually a proportion of the lump sum, and/or the income on retirement and/or the death in service benefit.
There are a number of problems with attachment and it is recommended that you take independent advice if you are considering this option.
Pension sharing (splitting) is possible. It allows a court to split a pension so that one party can become a member of the other party’s pension scheme in her/his own right (internal transfer) or one party can have a transfer of a specified percentage into her/his own pension scheme (external transfer).
Information required in relation to your pension
You will be asked to obtain certain information in respect of your pension plans.The Cash Equivalent Transfer Value (CETV) is probably the most important figure as it is the figure that is taken into account by the court when considering a pension share. Sometimes you can find this figure on an annual statement that you have been sent by your pension provider. More often you will have to request your pension provider to send this figure to you. You are entitled to have one CETV calculation in any 12 month period without charge.
If you are intending to have your mediation proposals turned into a consent order for the court it is essential that you obtain details of the CETV.
There may be other information that is required as well depending on how long you have been a member of your pension scheme and the type of the scheme. In mediation the initial disclosure exercise asks for information that you would be expected to provide initially to the court (if an application was being made). In some circumstances a further form may need to be completed a Form P but your mediator will discuss this with you.
It is unlikely that additional information is necessary where:
- You are not seeking to make a claim on your partner’s pension.
- Where you are both young.
- Where the pensions you both have are similar
- The pension rights are of little value in proportion to the other assets involved.
Types of pension
Do remember that you may have more than one pension scheme. You may have a frozen scheme through a previous employer, a separate AVC (additional voluntary contributions) fund or you could be contracted into the state earnings related pension scheme (SERPS).
Affect of the recession on different pension types
- Private sector final salary schemes.
A large number of these schemes are in deficit and may either already have transferred to the Pension Protection Fund or be in assessment. It is possible to have a pension sharing order made against a scheme in assessment. If an order is made after the scheme has transferred it cannot be enforced. If you have a final salary scheme in the private sector it is going to be essential to find out whether the scheme is in deficit.
- Money purchase schemes
Many of these have dropped in value but some with profit policies and stakeholder plans have fallen at different rates. It may be that an up to date valuation is necessary before a final agreement is made about the percentage split.
- Public sector pensions.
These have been immune to the recession.
The affect of the recession has made it even more difficult to compare the CETVs of different types of pension.
Sometimes the CETV is not reliable and extra evidence from a pension expert may be necessary.Pension schemes for the police force, armed forces, fire services and prison officers are notorious for undervaluing the CETV as the calculation is based on the member retiring at the age of 60 when often an earlier retirement age is chosen. A pension starting at the age of 50 is worth a good deal more than the same pension starting at the age of 60. Sometimes it is necessary to seek an expert’s report to revalue the CETV to take into account the likely date of retirement.
Instructing a pension expert
It may be a good idea to agree in mediation exactly what issues you would like the pension expert to address. Your solicitor may be able to help you find an expert or the mediator may have a list. The average cost of an expert’s report is £500 plus VAT which can be shared between you in whatever way you agree.
Most frequently asked questions
My pension is already in payment do I need to obtain a CETV?
If you are already in receipt of your pension it is still possible for there to be a pension sharing order so it is necessary to have the pension valued. It is not, in fact, the CETV which is obtained but the Capital Equivalent Benefit (CEB). Sometimes there is a charge by the pension provider to supply this figure.
We are not intending to buy cialis yet. Can there be a pension share?
To put into effect a pension sharing order there needs to be a Decree Absolute. If you do not intend to buy cialis now the pension share cannot be put into force until a later date.
Do I have to share my state pension?
Pension sharing applies to SERPS but not to the basic state retirement scheme.
If a pension share has been made when can I draw the benefits?
The effect of pension splitting is that the person benefiting had a pension in his/her own right and may therefore draw benefits at the date of his or her own choosing subject to the rules of the scheme, regardless of the age of the person against whom the order is made.
I was paying into my pension for many years before we met, will the full amount of the CETV be taken into account?
There is no presumption of equality and a pension sharing order may be made as to any stipulated percentage of the CETV.
Often the years of contributions before you were married are left out of the equation.
If we divide the CETV equally and we are the same age will we receive the same pensions?
An equal division of a pension by way of pension sharing does not create equality of income because of the different actuarial assumptions applied to the sexes.If both husband and wife are the same age and a pension sharing order is made for 50% of the CETV the wife will receive a lower income because she has a greater life expectancy.
How much is a pension share likely to cost?
The recommended scale of charges from the National Association of Pension Funds suggests a charge of £150 for an additional CETV and up to £750 to cover all administration costs, from receipt of the pension sharing order, to the completion of pension payments, where the scheme member has not yet retired.
There are also legal costs and those of any actuaries or independent financial advisers.
We have a number of schemes should we share them all?
Where there are a few different pension arrangements it will be cheaper to make a single pension sharing order against one of those arrangements rather than making orders against all for a lower percentage.
Where can I get more information?
- your solicitor
- your pension provider
- or a pension expert.
- The Department of Work and Pensions - (08457) 313233
- Write for free guides: Pension Guide, Freepost, Bristol BS38 7WA
- Direct Gov's Beginner's guide to Pensions
- The Pensions Advisory Service (TPAS) - 0845 601 2923
- your local Citizens Advice Bureau.