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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.


Pension

  • Jules27
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08 Apr 22 #519121 by Jules27
Topic started by Jules27
We sold the matrimonial home march last yr everything agreed and I was also awarded 40% of his police pension (via court order which was also agreed} everything should have sent and done but here we are a year later and we are having to go back to court because he didnt do anything re the pension although it was chased by my solicitors on more than one occasion. 2 x D81s later and we have a court date again on 22 of this month. His solicitor was rubbish and did as little as possible and has now left and another one from the firm is at the helm. The pension in question is in payment to my ex and being received by him every month. My question is wilI I receive the money from his pension on a monthly basis {plus the backdated ammount which we are going for} straight away as it is in payment and I am 55. I have been told yes I will {they think} but then he has said i wont get it until I am of retirement age. Can anyone tell me?

  • hadenoughnow
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08 Apr 22 #519127 by hadenoughnow
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Did you get a legally binding financial order? Pensions can only be shared if there is an order to do so.

What is the hearing that is coming up?

Has there been an actuary's report to calculate an appropriate share? This would have been able to look at how the pension could be split to allow you to take an income at 55.

I think you need to check with the pension trustees what age you can access the pension. I would be surprised if you can do so at 55 without penalty.

Hadenoughnow

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