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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


What to do next?

  • Hereshopin
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28 Jun 12 #339768 by Hereshopin
Topic started by Hereshopin
At our First Appointment the stbxs solicitor was insistent about getting an expensive actuaries report on my police pension. She has her own decent pension which will actually pay more than mine when she retires but that didn''t seem to make any difference because mine has a higher value right now. What they didn''t realise, because no one would listen, is that the police pension scheme is being closed in 2015 and the pension age being raised to 60. Therefore all hopes of bumping my CETV into the millions are falling apart. Furthermore, because the new scheme is still being cobbled together and no one has any idea about what the benefits will be or how the benefits will be transferred, the actuary has wrote to say they cannot prepare a report and they don''t know when they will be able to. FDR is set for September and the judge ordered the report to be completed by today. Any suggestions what I can do about this? I don''t want to wait indefinitely to get the finances sorted. Should I ask the court for Directions and should I try and argue that the only safe thing to do is to use our CETVs?

  • jonathancj
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29 Jun 12 #339813 by jonathancj
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The reporting actuary will know all this. It may be that he can''t actually complete the report as a result. When was he instructed? What has he said so far about the timing of the report?

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29 Jun 12 #339855 by Hereshopin
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The actuary was instructed a few weeks ago and was asked to prepare a pension sharing and decision making report. They agreed they could prepare the report and sent their fees and terms and conditions. I sent them a copy of a govt letter setting out intentions to close police pension scheme. The next day they said can''t prepare report due to the pension scheme being under review. They can give no indication of when details of the new scheme will be finalised. It is still under review like most public sector pension schemes. There may be a legal challenge by the police federation and it could go on for some time. What I want to know is whether I should go back before court and suggest using CETVs which is what they ask for on form E. Otherwise it would have to be adjourned indefinitely!

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29 Aug 12 #352571 by Hereshopin
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Just bumping this up for any advice please.

FDR is scheduled for next week. I am self repping and I wrote to the court several weeks ago explaining we were unable to get a pension sharing report and asking for some Directions. Heard nothing back so I phoned them a couple of weeks ago. They told me they would put it before a judge but I''ve still heard nothing.

I don''t think I have much option now but to go along and attempt to make something out of the hearing? I''m a bit concerned that the judge isn''t going to be too impressed as everyone''s time is going to be wasted but I''ve tried my best to let them know in advance. Is it possible in these circumstances to use the FDR for further directions? Is the judge likely to adjourn it indefinitely until pensions are sorted? I''ve been told it could be 2 years before the new pension scheme is fully decied. My CETV at separation was £95000. Hers was somewhere around £40000 but 18 months out of date. Both public sector defined benefits but mine is police. I''m 39 years old. STBX is 37. pension sharing report is due to cost £1500 if we can ever get one. Sharing pension will cost another £1000 or so. Does anyone think that using CETVs and avoiding expense and time would be acceptable?

  • MrsMathsisfun
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29 Aug 12 #352573 by MrsMathsisfun
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Rather than looking at the CETV value have you looked at the defined benefit already accrued?

How much difference is there in this amount?

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29 Aug 12 #352584 by Hereshopin
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I don''t have that information from my stbx. When I asked for a CETV I got a full illustration which was several pages long with appendices to explain the calculations. What I got from my stbx was one page with a CETV hidden in the middle which was calculated almost 18 months previously so I can''t compare them.

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29 Aug 12 #352601 by MrsMathsisfun
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Is your ex''s pension a defined benefits or money purchase?

If its a money purchase then it would only have a CETV value.

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