Family Team helps Client Retain Military Pension in Divorce Case

The Family team at Fraser Dawbarns has successfully helped a client retain his military pension following divorce proceedings.

Court proceedings for a couple’s divorce settlement had been ongoing for approximately 18 months when  our client came to see us for legal advice six weeks before the final hearing.

The client’s wife had been instructing solicitors throughout the process and wanted to achieve one of two possible outcomes from the divorce. Her first option was to stay in the family home and receive spousal maintenance from the client, alongside half of his military pension and reimbursement for her legal costs.  Alternatively, she wanted the proceeds of their equity in the property if it was sold, along with half of his military pension, an additional lump sum and legal cost reimbursement.

We assisted the client with updating his disclosure documentation and the preparation of a witness and position statement.  This covered issues including the treatment of the pension assets he had built up before the marriage and the lack of expert recommendations on sharing or dividing it. It also addressed the fact that there was insufficient income to meet the wife’s demands in relation to maintenance while also providing suitable housing arrangements for their children.

With our assistance, our client successfully achieved a final order selling the property, releasing him from the mortgage and providing him with proceeds to clear his debts. He retained his military pension in full and was not required to pay the wife further lump sums or reimburse her legal costs.

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While we fully understand why people try to minimise the costs of getting divorced by not seeking legal advice, this can often be a false economy and taking early advice may make the divorce process less stressful and achieve a better outcome more quickly. Contact our family team if you would like to discuss your individual situation.