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Divorce finances: a real life story

By Chris Fairhurst from what can be achieved. Here is a true example Our client had offered early on to ‘offset’
McAlister Family Law of a case settled very recently. The client, an the former spouse’s potential interest in the
officer, had tried to represent themselves for police pension and accept less than
ften one of the first questions from nearly two years. The other party was otherwise entitled to in respect of the family
new clients, faced with how to sort represented and had applied for several home but this was rejected. The matter had
Oout arrangements after separation different applications in relation to children to be dealt with at a final hearing when the
from their spouse, is a straightforward: and the home. judge agreed with our ‘open proposal’ - that
“What will a financial settlement look like The client had managed to obtain an the house be sold and the cash be divided
for me?” order to spend time with the children but equally, in addition to a more limited
The law relating to how a court decides the former spouse insisted they were the pension share than had been sought due to
that question is highly discretionary, to take ‘main carer’ and thought that entitled them our successful argument that the pre-
account of the fact that no two families’ to a greater share of all the modest assets, relationship pension accrual should be
circumstances are the same. You cannot look consisting of equity in the family home, excluded.
at a chart to get an answer. some savings and the pension. Our client was very happy at this positive
Explaining to a client that the court uses The court tries to achieve ‘equality’ if outcome and realised that their position
several different factors set out in Section 25 ‘needs’ such as providing a family home are was much better than they had hoped for
Matrimonial Causes Act 1973 including, but met. This doesn’t necessarily mean equal when representing themselves.
not limited to, the ages of the parties, the because that is hard to achieve when there Don’t be tempted to deal with matters
length of the marriage, earning capacity and are different assets and, in a case where without obtaining expert and experienced
obligations in respect of children or other there is limited capital, it is difficult to buy legal advice. You may find that you are
family members, all of which depend on your two properties when previously there was settling your financial case for more than
particular circumstances, doesn’t help in only one. might be required.
advising with any certainty of outcome. In our case, the officer was faced with a
What does matter is the experience of former spouse seeking all the cash in the Chris Fairhurst has more than 20 years’
the lawyer who is dealing with your case. home and savings, because they said their experience in the matter of complex
There is nothing like having someone who needs required it, as well as a share in the divorce cases and is regarded as one of
has represented people in a similar position. pension fund. the UK’s leading police divorce experts.
It doesn’t guarantee getting exactly what We were able to argue successfully that
you seek but it certainly helps, especially such an order would not be fair because our
where a police officer is concerned, because client also had care of their children and
of the nature of the police pension, of which could not borrow enough on a mortgage to
officers are naturally protective. buy a new home without having some
It’s easier to point to a real example of interest in the cash assets.

NATIONAL ASSOCIATION OF RETIRED POLICE OFFICERS

NARPO is a rank-free association of retired police officers, dedicated to improving benefits for its members.
NARPO has Branches across West Midlands:-
Birmingham, Coventry, Dudley, Walsall, and Wolverhampton.

• FREE ADVICE – Pensions, Benefits, Computing, Taxation;
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Annual membership fee deducted from pension:- £20.64 in 2018.

ARE YOU RETIRING SOON?
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Birmingham, Coventry, Dudley, Walsall:- www.NARPOWestMidlands.org
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www.polfed.org/westmids federation December 2018/January 2019 35