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You will not be shocked to hear that as a divorce attorney among the concerns that I'm frequently asked is, 'when is my finest time to submit for divorce in order to get the greatest settlement?'.
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The prize they want is their other half (or partner's) pension and I offer them a really simple answer: the longer the marriage - the bigger the claim.

Take Trudy whose second marital relationship was to Eric, a rich residential or commercial property designer who had a couple of residential or commercial properties, ISAs and investments. To Trudy, the genuine reward was Eric's pension which deserved more than ₤ 1 million.

The marriage pertained to an end after 5 years, however when Trudy tried to declare against Eric's pension she was ravaged to be told by her lawyer that instead of the half-share that she had actually computed in her mind that she would be granted, she was wrong.

Eric could, in reality, ring fence all the pension that he had developed prior to the marital relationship. This suggested that Trudy might just claim a tiny proportion that had accumulated during their brief time together.

The judge felt that the excessiveness of Trudy's claim was expensive and that the bulk of the wealth in the marriage had actually originated from Eric and this was shown in the settlement that Trudy got.

So while she got a capitalised settlement to show the way of life that they had actually delighted in together, it was no place near her expectations. The ethical of this story? A short marriage equals less possessions awarded.

It couldn't have been more different for Gloria, who was wed to Frank for more than 30 years. Frank admitted to having affairs with women who he referred to as 'the employed aid', thinking it did not truly count as extramarital relations. It did to Gloria. As the pensions accumulated throughout their 3 years relationship, Gloria had the ability to claim half of it and was granted equality of all the pensions.

Vanessa Lloyd Platt, a leading divorce legal representative, states the longer the marriage, the bigger the divorce claim

Frank might not ring fence one penny of it. And thanks to the length of the marriage, Gloria received what is called a 'Joint Lives Order' for maintenance. Simply put, this suggests Gloria would be provided upkeep for life, although this is uncommon today as most maintenance payments are for a set term just.

It was not helped by the truth that Frank had actually not been forthcoming over the true degree of his savings and had at the last minute attempted to move funds offshore. He was provided a punitive award and Gloria gained from several thousands more on her side of the divorce formula. The ethical here is that dishonesty does not pay - specifically in a divorce court.

So that's brief and long marriages - what about a longer than average length of marriage (12 years) for say 15 years?

Here the court will equalise the capital of the pension unless wealth has been accumulated before or undoubtedly, for a period, after separation.

It is constantly crucial that a pensions professional evaluate the worth of a pension so the proper figure can be computed.

Which is where Gemma came unstuck. She had a 16-year marriage to City broker Paul. His pension encountered numerous thousands of pounds. Gemma was none too bothered by the pension but, like lots of wives I see, she wanted the security of remaining in the home that she enjoyed. So rather of declaring any of Paul's pension she traded it off against the value of your home.

This is called a 'set-off', but as a lawyer I would constantly recommend to any client that an actuary report is gotten very first and all choices are considered.

Wives in specific can bring out a lower deal when they pick this choice. The moral here is that you might feel young and ready to begin afresh, but do not be too fast to trade away your future pension.

Vanessa states that in a marriage longer than the average of 12 years, the court will equalise the capital of the pension unless wealth has actually been accumulated before or, for a duration, after separation

Another concern I'm frequently asked is whether a mediator will take into account all of the couple's possessions to maximise a settlement.

A lot of individuals seem to think that arbitrators will go easy on the celebrations - and hubbies in particular - might get away with more by utilizing a mediator, than if the matter is before the court.

This is a fallacy, as Neil found. The business director believed that mediation would imply that he might put pressure on Judy to settle. It had actually been a long marital relationship years and he thought that Judy was not the brightest. He felt he could bluff his way through and bamboozle the conciliator.

What Neil had actually not reckoned upon was the tenacity and cleverness of the mediator who firmly insisted that all details be produced for the meetings. The arbitrator might see that Neil was being obstructive in addressing queries about monetary deals and movement of cash between subsidiary companies.

Little had Neil thought that the mediator had been a forensic investigator for HMRC, before ending up being a matrimonial arbitrator. After lots of sessions the mediator recommended a settlement figure which Neil was outraged by and insisted they litigate. Unfortunately for Neil - the precise same settlement figure was reached in court. It deserves remembering that mediation can be a much better way of dealing with matters however is never a soft option.

Mediators will assist the couple and advise actuaries to work out pension divisions whatever the length of the marriage. The courts are now encouraging the celebrations to think about alternatives to court proceedings especially. Arbitration is likewise being encouraged. All these alternatives are offered in brief, medium and long marriages.

This is the factor EVERYONE is divorcing ... and why your marriage is at threat without you realizing

So no matter the length of your marriage, I advise all my clients not to have impractical expectations of what the final figure should be. It's important to realise that you can not penalize your soon to be ex-partner in the courtroom. Unless you can demonstrate that the behaviour of your partner has had a monetary effect, the conduct or behaviour will be overlooked.

Let me introduce you now to Henry, who believed that he was being especially creative when he transferred his shares in the household business to his brother, moneyed in the capital from his pension and gave it to a friend and bought himself a Lamborghini.

This was due to the fact that Claudia, his partner of twelve years had actually begun divorce proceedings. At the end of the lawsuits, the court found that he was intentionally attempting to lower the possessions offered to Claudia and included back all the value of the pension, the cost of the Lamborghini and the shares to his side of the equation and then divided all of it in half. Henry's actions were so contrived that his efforts to drain the possessions absolutely backfired on him. Oh and Henry had to offer the Lamborghini.

The moral of the story when it comes to how to maximise your settlement? Don't try to be too creative, play fair and honestly, or risk the really opposite of what you wanted to attain. Divorce can be a minefield, and it does not have to blow up for either of you if you both take practical steps towards solving matters.

* All names have been altered to safeguard client identity.