DIVORCE
Whether divorce is your choice or that of your partner
it is always painful and if you have children the added responsibility of
their upbringing is usually left to Women. Add to that the important decisions
which need to be made, regarding your finance, how to cope with the likely
reduction in your income and its impact on your quality of life, this can
seem a heavy additional burden.
In addition there is the divorce itself and the financial settlement.
Questions you may be asking are:
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How to divide any
pension benefits |
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What happens to
the family home |
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Who has the benefits
of any endowment policies. |
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If you are entitled
to maintenance how much do you need and how much realistically are
you likely to receive. |
You know that you will need legal advice and it is important to find a solicitor
that you can talk to and who will be helpful in assisting you in obtaining
the most advantageous terms in your divorce settlement.
However if you are uncertain of your financial affairs now is the time to
start learning about your finance and to seek help if necessary.
Here are some practical
tips:
Gather together all your existing policies and make
a list of :
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The insurance company
name |
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The type of policy
|
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How much you are
paying each month |
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If there is life
assurance how much is it for |
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Who owns the policy,
is it in your name, that of your partner or joint names |
This may seem an overwhelming task however the information
will be required by your solicitor and you never know you may receive
some pleasant surprises if you find that there are more savings than you
realised.
If you cant face doing this or really dont know where to start
then contact Options for Women when we will
arrange to carry out the work on your behalf for an agreed fee.
What next?
If you have any endowment policies you will need details of the current
fund and surrender values. These are likely to be different and it is
important to obtain both sets of information as the value may be used
when sharing the proceeds of your joint finance in your divorce settlement.
For pensions the fund and transfer values are required if you have personal
pensions.
If you or your partner are members of an occupational
pension scheme then you will need what is called the "cash equivalent"
which means the monetary value of the plan.
This will be provided by your pensions administrator.
Contact Options for Women if you need help in
obtaining the information. We will guide you, telling you what you need
to do or if you prefer, for a fee we will carry out the work on your behalf.
Pensions
This is an important area when negotiating your divorce payment.
Legislation cane into force on the 1st December 2000 which has had a large
impact on the way in which pensions can be shared.
It provides the opportunity for a "clean break" where the pension
can be shared with your entitlement being place in your own name.
The new rules are not retrospective therefore will only apply to divorce
orders issued after 1st December 2000.
Other pension options
are:
Earmarking which is when a proportion of your partners pension
is saved until your partner retires.
There are many disadvantages to this type of agreement as you have to
wait until your partners retirement before you receive any of the pension
benefits this may not fit in with your own retirement plans. It also means
that you need to keep in touch with your ex-partner which is not always
a welcome thought. If your partner dies before retirement then you may
not be entitled to any payment and there is always the difficulty if your
partner remarries.
Offsetting is another option where
the value of your share of your partners pension is offset against your
joint financial assets usually the family home. The disadvantage of this
arrangement is that it still does not provide you with a pension at retirement.
This is a brief summary of the various options available with pensions
however there may be many other issues to take into account when agreeing
your divorce settlement. For instance if you are receiving maintenance
payments it is very important to ensure that your partners life is insured
to ensure that on their early death you would receive sufficient money
to compensate for the loss of maintenance payments.
The same criteria applies to long term sickness therefore it may be necessary
to arrange life and income protection to protect your income for as long
as necessary.
If you would like to discuss your personal circumstances
then contact Options for Women when we will provide
a friendly service and provide advice to suit your needs.
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