I am getting divorced and I don't want to take a share of my spouse's pension do I have to?

The short answer is no.  No one should force you into pursuing a settlement that you are not comfortable with.  If you want to take less than you have been advised you are entitled to this is your decision to make.  You can however expect your solicitor (and the court) to want to make absolutely sure that you fully understand your legal position before any financial agreement is approved by the court and becomes legally binding.

If you are represented by a solicitor it is likely that they will record in writing their advice regarding the settlement to ensure that if you come to regret your decision in the future they can provide evidence that your decision was contrary to the advice they gave. 

If the settlement is very obviously weighted against you (for example if it is a long marriage and your spouse’s pension is a major asset) the District Judge reviewing the Consent Order (the record of your agreement which is sent to the court for approval) is likely to query it particularly if you are not represented by a solicitor.  They might just do this in writing or, if they remain unsatisfied, they could schedule a short court hearing to reassure themselves that you understand your decision, have the capacity to make it and you are not being unduly influenced in some way. 

If you require any further assistance, or wish to book in for an initial consultation to discuss your situation, our family solicitors are based in Wolverhampton, Sutton Coldfield and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 365 or complete our online enquiry form and a member of our team will respond.