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Separated for two years: can I divorce and if I do, what rights do I have to his pension?
I have been separated from my husband for two years and want a divorce but he doesn't. There is no property and the children have moved away. The only asset is his pension. Can I divorce and if so, what rights do I have to his pension?
Quite often one of the most significant assets accrued during a marriage is pension provision. It is not unusual for this to be accrued by one party to a marriage with the other having limited or no provision. In your circumstances if over the years your husband has built up a not insignificant fund, then yes it may well be worth pursuing. The court has the power to make various orders in respect of pensions, to include pension sharing orders. The court must consider various factors when deciding whether to exercise this power. The first step would be to obtain details of the transfer value of your husband's pension then take further detailed advice.
You say your husband will not consent to a divorce. If you wish to commence proceedings then you should seek advice as to whether in your circumstances it is possible to file for divorce without the need for your husband's consent.
If you would like to discuss this further with one of our legal team. Please call us on 0800 066 99 20 or e-mail details of an appropriate time and day and we will give you a call. Alternatively we are happy to answer any further queries you may have by e-mail.
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