DIVORCE & PENSIONS

asking for a friend please

My friend was completely blindsided by his wife, who asked for a separation, turns out she was having an affair with her boss. She is now requesting a divorce straight forward, didn't want anything from him as there are no kids or property involved. He started the process & sent her the papers to sign. He then received a notification that she was contesting, looks like she's after a share of his pension. She is & had been working throughout their short marriage & earned more than him. What advice can you offer please?

Dumb Juan

Sorry to hear about your friend. The basics is they cannot get a divorce unless they have been livingly separately for at least two years out of the last three. The two year clock starts from the last time they had sex. He needs to get a solicitor and some advice. My instinct is that he needs to slow the whole process down, so that he can prepare himself for settlement negotiations and if that fails him going to court. He needs her affidavit of means and does she have a pension in her work? He really needs to focus on what he wants. Is his ex wife now living with her boss? Can her bosses wealth & income be put into the equation? Something he needs a solicitor to answer?

older i get better i was

can anyone recommend a good family solicitor that can work from a male point of view, no kids involved, just financials. If so please dm me asap thank you.

asking for a friend please

Yes they would meet the criteria for divorce proceedings to go ahead. But yes a good solicitor is what is required here . Any recommendations would be greatly appreciated . Thanks for your response

Dial Hard

https://www.boards.ie/discussion/comment/122219522#Comment_122219522

Mother of god, the separation "clock" does not start from the last time they had sex, who in god's name told you that??? The court will generally take the couple's word on when the marriage broke down irretrievably - if they do look for proof (which I've never actually heard of happening), things like the date of closure of joint accounts, the date you informed Revenue you no longer wish to be jointly assessed, etc, should suffice.

As for what the OP's friend's wife is entitled to from his pension, that's up to the courts to decide. But if she out-earns him significantly and has a bigger pension pot, they may well rule in his favour in terms of a pension adjustment order.

ETA: They also don't have to be living separately for two years to be able to divorce - plenty of couples are stuck living together long after the relationship breaks down and still start the process. It would be downright cruel, given the current housing situation, to refuse couples who are "living apart, together" the right to divorce in accordance with the current timeframes.