Hiding Assets During Divorce

Posted March 4th, 2013

Not a good idea. Of course it may seem unfair to have to declare assets that were acquired before you got married; or assets that were solely paid for by you during the marriage, but the fact is if you aren’t up front about your finances during divorce then you are risking a spell in prison.

According to a survey by Co-operative Legal Services, 25% of those who go through divorce will hide aspects of their finances from their soon to be ex-partner. And here’s the really surprising thing about this survey – the survey was conducted online and involved around 800 divorcees and it found that women are more likely to conceal money and possessions during a divorce.

From a little research on the good ol’ worldly wide web, it looks like most divorces are initiated by women. Stats abound from anything between 55% and 91%. So what are we to glean from this? It does make for depressing reading. You could take the view that women view marriage purely as a move to make financial gain. Whereas I’ve no doubt that it’s true for some, it surely can’t be true for anything more than a minority. That would be highly cynical.

I think it points more to the fact that many people marry the wrong person and do it too quickly; and as it is often the mother whom the children will live with, you may imagine that she may feel justified in hiding financial assets from an estranged spouse. After all, she’s only doing it for the kids. Morally justifiable it may be, but it is illegal and you are putting yourself in contempt of court if you do this. The whole point of settlements is to make sure that both sides have the chance to put their lives back on track. The best way to ensure that there is a fair outcome is to be completely open and honest. If you’re made an offer you aren’t happy with then you don’t have to accept it. On the other hand if you’re made an offer that you don’t know if you should accept or you want help with negotiating then get in touch.

I am a Resolution Accredited IFA and as such I am in a position to help you get a fair settlement without risking prison!

WAR PENSION

Posted August 25th, 2012

Question:  My husband is in receipt of a war disability pension.  Is it possible to have a pension order placed against it?

 Answer : Unfortunately you are not able to have a pension sharing order or an attachment order applied against the War Disability Pension. However, there will be main army pension benefits payable and it is possible to have a pension sharing order placed against these benefits. Given the extra income payable via the war disability pension, then with sensible discussion would it be possible to increase the pension sharing order under the main army scheme benefits.

In addition I see no reason why this would not count towards maintenance and a periodic payments order may be made.

TWITTER DEBATE

Posted August 24th, 2012

My attention was drawn to an interesting Twitter debate recently with regard to 0% pension sharing orders.  The premise being that this prevents any further comeback on maintenance variation by way of pension income.

My concern here is that this is heresay, however, it is possible for a 1% pension sharing order to be completed which would dispel any future claim on the pension.  It should be noted that you cannot have a pension sharing order on a pension that already has a pension sharing order on it.

Practically though, how would a 1% transfer value work, and it also should be noted that the costs might outweigh any benefits. However, it could be argued that this is a reasonably innovative way of dealing with pension sharing.

DIVORCE LIFELINE

Posted August 22nd, 2012

An interesting development with Divorce Lifeline – www.divorcelifeline.co.uk.

It is interesting to note some of the claims being made by the company in relation to pensions and also their credentials to be in this market in the first place.

However, there is a growing trend towards looking at the settlements that clients are getting and it is in the divorce solicitors best interests to look at how a pension settlement is arrived at.

As a Resolution Accredited Independent Financial Adviser, I do see many mistakes made and we are here to help.

http://www.cisionwire.com/sky-communications-international/r/divorce-solicitors-under-fire-,c9286689

Resolution Accredited Independent Financial Advisers (IFA) – New logo

Posted December 20th, 2011

I am pleased to announce that the Resolution Accredited Independent Financial Advisers (IFAs) have been given a nice gold logo to use to distinguish them from the family lawyers and this is now proudly displayed on our website.

As one of only ten advisers in the North West with this designation I am extremely proud of this qualification.

If you would like advice in respect of pensions and your divorce financial settlement or pension sharing why not call us on 0800 0921229 or email phil@thedivorceifa.co.uk.

Resolution Accredited Independent Financial Advisers

Posted January 17th, 2011

You can now search the Resolution public website for all the qualified Resolution Accredited Independent Financial Advisers (IFA) to assist you with issues such as:

  • Pension Sharing
  • Pension Offsetting
  • Pension Attachment
  • Budgeting
  • Life Assurance needs
  • Financial Planning

The search tool can be found here -

If you would like more information about how we advise our clients on the financial aspects of divorce, please contact us on 0800 092 1229 or email phil@thedivorceifa.co.uk