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Devastated for Son

(63 Posts)
FlexibleFriend Sun 26-Jul-20 20:31:28

It depends on the length of the marriage where private pensions are concerned, there is a scale for working out the percentage based on how long they've been together and how long he's had the pension. I divorced my husband after 27 years (amicably) which is how I know about the scale. I worked it out and I was entitled to around 47%. With my second husband much shorter married but were together throughout the length of that pension and I got 50%. They also take age into consideration and how long she has to build her own pension. Has she worked in his business and has she worked at any time during the marriage, all things to be considered. Your son needs legal advice.

Madgran77 Sun 26-Jul-20 20:14:17

Your son urgently needs a lawyer. Assets/pension etc for both parties are taken into account in divorce settlements ...and that includes the house.

Septimia Sun 26-Jul-20 18:54:56

Agreed. Legal advice to make sure that any settlement is fair to him and not biased towards her. There are a lot of factors that need to be taken into account. He needs the support from a legal advisor to make sure that he doesn't agree to things that he doesn't need to.

My DS was in the same position but at a younger age and with fewer assets so it was easier to agree about everything. But he was devastated too - and it took him a good year to get over it. Now he's more confident about dealing with her and happier with his life.

Chewbacca Sun 26-Jul-20 18:44:33

You don't say if your DIL is working ExD? If she is, and she has a workplace pension, that also has to be "put into the joint pot" for their financial assets to be divided; it's not just your son's pension that will be considered.
Your son needs to find himself a good matrimonial law solicitor asap because the law on division of matrimonial assets is no longer an automatic 50/50 split. He needs proper legal advice.

sodapop Sun 26-Jul-20 18:15:34

Illte is right, division of assets should be equitable. Ask around friends and relatives for the name of a solicitor they found helpful.
It is distressing ExD but these things happen, try to be calm and supportive for your son.

Charleygirl5 Sun 26-Jul-20 17:18:57

I asked around when I needed a solicitor to help me. I was lucky, he was so much in love he really just wanted to run out of the house but the love of his life had other ideas which she lost.

Starblaze Sun 26-Jul-20 16:38:33

I suppose with a huge mortgage, giving her the house has no value and doesn't leave her with a fair share, it's just passing on a debt.

I've never understood why personal pensions should be part of a divorce though in all honesty. People have tried to explain it to me before.

Hopefully a reasonable and fair solution can be found in mediation. From listening to friends, fighting it out in court can cost financially, emotionally and physically.

Puzzler61 Sun 26-Jul-20 16:33:21

Good advice from B9. Nothing I can add.
If only all divorces could be amicable - but being realistic I know they’re not ?

ExD Sun 26-Jul-20 16:29:10

How do you find a 'good' lawyer?

paddyanne Sun 26-Jul-20 16:24:22

I think she's probably asking for whats legally hers,if he speaks to a solicitor it will be clearly explained .33 years is a long time there must be a reason she wants out ,maybe they could speak to a councellor too before it goes too far to change

B9exchange Sun 26-Jul-20 16:22:02

Desperately sorry to hear this, you must be suffering as much as your son, it hurts so much when you can't help.

If mediation is out, and she sounds quite bitter, then your son must get the advice of a good lawyer. Are you able to help with costs if he needs it?

Try not to criticise her to him, no matter what your feelings are, in the event of them eventually getting back together you will be the outcast.

Thinking of you.

Illte Sun 26-Jul-20 16:19:31

He needs a good solicitor. Pronto!

Relationships fail but division of assets should be equitable.

ExD Sun 26-Jul-20 16:17:31

My son's wife has just told him she's divorcing him and he's in bits. He won't talk, just mopes around and buries himself in work.
Hes told her she can have the house but she wants half his business which is a small string of three cafes (obviously suffering just now from covid problems). They have a huge mortgage so everything will have to be sold to raise half the money she insists is her right.
She also wants half of his private and state pensions.
They have been married 33 years and have 4 children, all married with family.
This is destroying me.