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Breach of promise

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Howierips | 21:41 Sat 20th Nov 2004 | Business & Finance
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My wife and I seperated amicably 5 years ago, at seperation we agreed to divide any financial assests equally, property etc. As I was to handle the sale of our home etc my wife PROMISED verbally to me (no witness) that if I was up front and divided everything equally she would not go after my military pension - I was honest and she walked away with a tidy sum to start a new life with her new partner - I set about finding a new affordable home for me and my son (16yrs) who remained and still is living with me - SURPRISE SURPRISE she now wants a divorce and half my pension! she has never contributed financially, help do I have a case? I am desperate to defend my pension - In the eyes of the law my son was at 16 no longer a dependant! and she is entitled to share my pension - I feel helpless. 

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The bad news is that youi can not come to a deal that will stop a divorce court from making an order that is fair, even if it is differnt from the agreement. The good news is that the agreement yoiu came to may well have been fair, but that depends on all the circumstances. If the value of the pension is huge, and would make a significant impact on the overall value of the assets then matters may not be so simple. The fact that your wife has found a new partner will have some bearing on the matter. Youi need a good lawyer.

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Breach of promise

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