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Application to vary a consent order - Barder

  • HD213
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11 Mar 21 #516053 by HD213
Topic started by HD213
Hi,
I have been on the receiving end of a very bad outcome from a final hearing order; The judge ruled that 85% of my DB pension should be awarded to my Ex, who never bothered to save for a pension (30 years married).
I have approached a Barrister directly to appeal after finding found out that the DB scheme will now close, so I am now limited in how I can re-grow my pension pot (I am 52 years old).
In addition, the actuary report was subsequently found to be highly inaccurate. the CEV they used was about 360k but subsequently as revalued after the order for 480k. The Judge refused to allow an addendum to the actuary report and a recalculation, and said pensions were 'a moving target'
Barrister is going for a Barder appeal as it is under a year. Does anyone know what the court charge for an appeal application? it will cost £1k to draft a statement and start the appeal. I am also looking for cases where appeals were successful, understanding each case differs on its own merits.

  • wikivorce team
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26 Mar 21 #516232 by wikivorce team
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I'm not sure of the specific court fee for an appeal but I suspect it is not too much and insignificant in comparison to barrister fees and the assets at stake.

Court fee cost is not the issue when considering an appeal.

The issue is that you are fighting an uphill battle and most appeals fail. Ones based on the outcome being unfair typically fail. To succeed you need to identify some clear technical legal mistakes or omissions that the judge has made in the case.

  • hadenoughnow
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27 Mar 21 - 27 Mar 21 #516270 by hadenoughnow
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Pensions should be shared to provide equality of income on retirement based on pensions accrued durinf the narriage. A higher percentage of the pension may be needed to buy equivalent benefits on the open market. This is often true of older defined benefit schemes that are seen as 'gokd plated' where a pension share within the scheme is not possible. That may well be the case here if the scheme is closed to new members. I imagine the benefits within the scheme are preserved.

I think before spending a lot of money on an appeal, it is worth ensuring you understand the judgement. If you think the actuary's report was wrong and this impacted on the outcome, it may be that any grievance you have is against them. It is quite true though that pension values can, and do, change quite dramatically. A lot depends on when the CE value of £360k was obtained and how long it was between then and the Order/pension sharing annex. The point of the report is to identify an appropriate percentage share and various options, how the calculations are used is a matter for the court or your agreement if it is a Consent Order.

It is also not helpful to denigrate your ex for her lack of pension. It is only quite recently that work place pensions have had to be provided. Saving into a private pension may not have been an oprion - and if you were married 30 years this goes back to conventional understanding (as in my case) that one decent pension was enough to fund retirement for both of you.

Hadenoughnow
Last edit: 27 Mar 21 by hadenoughnow.

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