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You will not be amazed to hear that as a divorce legal representative among the concerns that I'm frequently asked is, 'when is my finest time to declare divorce in order to get the highest settlement?'.

The prize they have in mind is their spouse (or other half's) pension and I give them an extremely easy answer: the longer the marital relationship - the bigger the claim.

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

The marital relationship pertained to an end after five years, but when Trudy attempted to claim against Eric's pension she was ravaged to be told by her lawyer that instead of the half-share that she had actually determined in her mind that she would be awarded, she was wrong.

Eric could, in reality, ring fence all the pension that he had developed prior to the marriage. This meant that Trudy could just lay claim to a small proportion that had actually accrued throughout their short time together.

The judge felt that the excessiveness of Trudy's claim was too high which most of the wealth in the marriage had actually originated from Eric and this was shown in the settlement that Trudy received.

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

It could not have actually been more various for Gloria, who was married to Frank for more than thirty years. Frank admitted to having affairs with women who he referred to as 'the worked with aid', thinking it did not really count as adultery. It did to Gloria. As the pensions stacked up throughout their 3 decade relationship, Gloria had the ability to declare half of it and was approved equality of all the pensions.

Vanessa Lloyd Platt, a top divorce lawyer, says the longer the marital relationship, the bigger the divorce claim

Frank might not sound fence one cent of it. And thanks to the length of the marital relationship, Gloria received what is called a 'Joint Lives Order' for maintenance. Simply put, this indicates Gloria would be offered maintenance for life, although this is unusual today as most upkeep payments are for a set term just.

It was not assisted by the reality that Frank had actually not been upcoming over the true extent of his savings and had at the last moment tried to transfer funds offshore. He was provided a punitive award and Gloria took advantage of numerous thousands more on her side of the divorce equation. The ethical here is that dishonesty does not pay - especially in a divorce court.

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

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

It is constantly essential that a pensions professional evaluate the worth of a pension so the appropriate figure can be determined.

Which is where Gemma came unstuck. She had a 16-year marital relationship to City broker Paul. His pension faced hundreds of thousands of pounds. Gemma was none too by the pension but, like many partners I see, she wanted the security of staying in the home that she loved. So instead of declaring any of Paul's pension she traded it off against the value of your house.

This is called a 'set-off', however as a legal representative I would constantly suggest to any customer that an actuary report is obtained first and all options are considered.

Wives in particular can bring out a lower offer when they select this option. The ethical here is that you may feel young and ready to begin afresh, however do not be too quick 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 accrued before or, for a duration, after separation

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

A lot of individuals seem to believe that mediators will go easy on the celebrations - and other halves in specific - may get away with more by utilizing an arbitrator, than if the matter is before the court.

This is a misconception, as Neil discovered. The company director thought that mediation would indicate that he might put pressure on Judy to settle. It had actually been a long marriage covering twenty-eight years and he believed that Judy was not the brightest. He felt he might bluff his method through and hoodwink the mediator.

What Neil had not reckoned upon was the persistence and cleverness of the arbitrator who insisted that all details be produced for the meetings. The arbitrator could see that Neil was being obstructive in responding to inquiries about monetary transactions and motion of money between subsidiary business.

Little had actually Neil thought that the conciliator had actually been a forensic private investigator for HMRC, before ending up being a matrimonial mediator. After numerous sessions the conciliator suggested a settlement figure which Neil was outraged by and insisted they go to court. Unfortunately for Neil - the specific same settlement figure was reached in court. It's worth bearing in mind that mediation can be a much better way of solving matters but is never ever a soft option.

Mediators will help the couple and instruct actuaries to exercise pension divisions whatever the length of the marriage. The courts are now encouraging the parties to consider options to court proceedings especially. Arbitration is also being encouraged. All these options are offered simply put, medium and long marital relationships.

This is the reason EVERYONE is divorcing ... and why your marriage is at risk without you understanding

So no matter the length of your marital relationship, I recommend all my clients not to have impractical expectations of what the last figure must be. It's crucial to understand that you can not penalize your quickly to be ex-partner in the courtroom. Unless you can show that the behaviour of your partner has had a monetary impact, the conduct or behaviour will be neglected.

Let me present you now to Henry, who believed that he was being particularly smart when he transferred his shares in the family company to his sibling, cashed in the capital from his pension and provided 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 procedures. At the end of the litigation, the court found that he was deliberately trying to lower the properties offered to Claudia and added back all the worth of the pension, the expense of the Lamborghini and the shares to his side of the formula and after that divided all of it in half. Henry's actions were so contrived that his attempts to drain the properties totally backfired on him. Oh and Henry needed to sell the Lamborghini.
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The moral of the story when it pertains to how to increase your settlement? Don't attempt to be too creative, play fair and truthfully, or run the risk of the very opposite of what you hoped to accomplish. Divorce can be a minefield, and it does not have to blow up for either of you if you both take reasonable actions towards fixing matters.

* All names have actually been changed to safeguard client identity.