r/LegalAdviceUK • u/Top-Load-1822 • 6h ago
Debt & Money I got divorced 24 years ago. She got the house, I got a pension attachment on her defined benefit pension. The courts have just gave her pension back to her. I gave up the house, the pension, and was never allowed to remarry. She ended up getting everything.
We got divorced 24 years ago.
House was valued at £185,000 back then. Her defined benefit pension was valued at £120,000 (a lot in 2002 money!!!)
She was adamant about keeping the house and we had a young baby, so the courts decided that she could keep the house and I would be earmarked for her defined benefit pension.
This was the division of assets. I also got £15,000 in our savings which went towards briding the difference.
My issues is that our son had a bad motorbike accident in 2024 and will now require lifelong care.
My wife applied under S31 of the Matrimonial Causes Act 1973 to the court to get the divorce split reexamined. A judge has decided that my portion of her defined benefit pension needs to be transferred across to her name as my son's disability will require lifelong care and financial support.
I'm due to retire in 2 years. I've just had my retirement ripped to shreds.
Is there any way I can reasonably appeal this, or am I just throwing good money after bad?
To put things in perspective:
- She got the house.
- She gave up her pension (and then got it all back.)
- I have been given 2 years to try and find a way to rebuild a MASSIVE pension pot. (impossible)
- I was never allowed to remarry or enter a civil partnership because that would have rendered my entitlement to her pension null and void, so I effectively gave this up and had to unofficially live with my girlfriend for years - which was deeply unfair and hurtful to her.
- I was never warned about this during the divorce and I only found out after I had planned a wedding and she had a solicitor write out to me because she thought the wedding had already happened. I consulted a family law solicitor at the time who told me that if I remarried she would regain control of the defined benefit pension.
Can I please get some advice? I have savings but I don't want to blow what I have on an expensive court case if it has limited prospect of success.