War Disablement Pension in Divorce settlement

[Photega]

I am trying to work out what needs to be declared and what can be taken into consideration when completing the Form E.
I was medically discharged from the armed forces some 22 years ago and awarded a war disablement pension which I have been paid ever since.
This was before I met my current wife. I am told that this cannot be taken into consideration as part of my income, nor as a pension as though it is given the title Pension it is actually compensation paid for a medical condition which limits the work I am able to do as well as the pain and other symptoms that come with this.
Do I therefore need to obtain all the details and then disclose this on the form E?
I am doing my divorce myself as I cannot afford to employ a solicitor. I did have had an initial appointment and it was that solicitor who told me this but due to escalating costs I had to cancel this sometime back

[SandraF]

Hi Photega, have you already submitted your Form E. If you do not disclose pensions drawdown and medical conditions on Form E (and the reasons), and later it becomes clear that you have failed to do so when it was within your knowledge, the courts will not be happy with you. However having said that pension is not of right, therefore, my question is how long have you been married to her? Are there any children and whether or not she stayed at home looking after the children if any. All these are taken into account before the courts will apply the pension sharing principle, i.e. section 25 factors. Hope this helps and don't forget to keep us updated.



"Although I am a family lawyer, any advice given on this forum should be taken as guidance only and not to be applied to your specific circumstances. If you are in any doubt as to your legal rights, I recommend that you seek independent legal advice from your lawyers near you"

[Photega]

Hi Photega, have you already submitted your Form E. If you do not disclose pensions drawdown and medical conditions on Form E (and the reasons), and later it becomes clear that you have failed to do so when it was within your knowledge, the courts will not be happy with you. However having said that pension is not of right, therefore, my question is how long have you been married to her? Are there any children and whether or not she stayed at home looking after the children if any. All these are taken into account before the courts will apply the pension sharing principle, i.e. section 25 factors. Hope this helps and don't forget to keep us updated.



"Although I am a family lawyer, any advice given on this forum should be taken as guidance only and not to be applied to your specific circumstances. If you are in any doubt as to your legal rights, I recommend that you seek independent legal advice from your lawyers near you"

Hi.
No I have not submitted yet.
We were married for 17 years, we had no children together, though I brought up her 2 boys from very young but both are now grown young men in their 20's. She never stayed at home during our marriage and we were not married when I was in the Armed Forces I was receiving the War Disablement pension when we met. Indeed I have earned a good part of my pensions before we were married the one complicating factor is that many of my old pensions that were accrued before we married were brought into a later pension which I earned under the LGPS.
My ex has earned her own pensions for most of the time we have been married and indeed some of my older pensions including my normal military pension which I can draw at 65 I believe should be fairly shared with my first wife who laid no legal claim when we divorced but we made our own private agreement that she would get 25% of what pension I earned as it was she that was the Mother of my children was with me through my military career and as a consequence was unable to pursue a career of her own due to all the moves and bringing up our daughters
Your advice is much appreciated Sandra

[SandraF]

Hi Photega, if there is an agreement between you and the mother of your children who stayed at home looking after your children and there are no children in your current estranged marriage, then I do not see any success she has by claiming that she lost on pensions by staying at home looking after the children (step). So far as she contributed into her own pensions and didn't lose out, then I do not see how far her claim for pension sharing will go. keep focused and I recommend that you seek an hour advice or so on this so the lawyer/solicitor will direct you as to what to put down on the Form E or Responses to Form Es. Keep us updated so others can learn from this.



Although I am a family lawyer,, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Good luck

[Photega]

Thanks for the advice, will the court accept this as we never set this down formally during our own divorce as we wanted the least amount of acrimony and fighting so everything right down to the access to my children was agreed informally and maintained as sorry to say neither of us wanted to spend lots of money employing solicitors?

[SandraF]

Hi Photega, it is not a problem, not everyone can afford a solicitor/lawyer. If there is no consent order between you and your previous wife (1st wife), then the back door is open to further claims should you win a million pounds lottery. It is so crucial that you closed the back door for any further claims. Find time to speak with her and come to an agreement that a consent order should be drawn for a clean break. I have always thought that you have a clean break consent order sealed by the court in place with your first wife. Act now I think

[Photega]

Hi Photega, it is not a problem, not everyone can afford a solicitor/lawyer. If there is no consent order between you and your previous wife (1st wife), then the back door is open to further claims should you win a million pounds lottery. It is so crucial that you closed the back door for any further claims. Find time to speak with her and come to an agreement that a consent order should be drawn for a clean break. I have always thought that you have a clean break consent order sealed by the court in place with your first wife. Act now I think

Hi Sandra. Speaking to my 1st wife might prove difficult as both our Girls are now grown up and I have not had any contact in nearly 7 years so not even sure where she is at the moment.
I know the last few years when I have discussed her with my Daughters they are cagey about where she is and what she is now doing, I think it could be possible she is in another relationship and maybe doesn't want me ploughing in to her life upsetting any setup she has, maybe she has won the lottery!!
I have within my discharge papers lodged with the MOD a statement saying that she should be the beneficiary of any widows pension rights would this be seen by the court as proof enough, as tracking her down could be difficult?

[SandraF]

Hi Photega, I perfectly understand what you are saying as most ex-partners when they have formed a new relationship, don't really wants to look back and talk about their past. The statement lodged with the MOD should carry much weight but will she be going for your pension in order to share with her? You will need to sort out the decree absolute asap if it has not been granted yet. Hope this helps

[MIKE770]

a wise solicitor when doing divorce papers should of offered a hands down no commitment to one/other funds on divorce or an agreement to share, I got a no comeback on mine (i loose as usual) even the innocent party. as other half had all

[Photega]

Hi Photega, I perfectly understand what you are saying as most ex-partners when they have formed a new relationship, don't really wants to look back and talk about their past. The statement lodged with the MOD should carry much weight but will she be going for your pension in order to share with her? You will need to sort out the decree absolute asap if it has not been granted yet. Hope this helps

Hi Sandra
When my first wife and I parted it was always agreed that I would just pay her 25% of whatever I received as pension payments from the MOD when I reached retirement age as she and I were of similar age. Whilst I don't know of her whereabouts now I have every intention of maintaining that promise. We did as much as possible without the intervention of the courts or solicitors merely to make life as easy as possible, avoiding any acrimony for the sake of our girls. I am sure when my retirement age comes around and I ask the girls to get her account details so I can make the payment she will not be refusing, but equally unless she is now in a relationship with someone of substance if I did not keep my promise she will make sure that I get the message.

[SandraF]

Yes, you are right, keep your promise and hopefully all will be well with you. Good luck