Do prospective pension sharers/solicitors/District Judges know during the ancillary relief negotiations ie before the pension scheme gets the pension sharing Order - roughly/exactly/at all how much the ex-spouse's pension income will be once the pension has been shared?
In my case the CETV has changed but isn't guaranteed until the valuation date - which they choose - and the pension scheme has now refused to offer me membership of the final salary scheme even though they offered it to me in Form P
Do all prospective pension sharers get a completed Form P Pension Inquiry Form before deciding whether to pension-share?
Is it a legal requirement now?
Are the answers to Questions 4a and 4b in Section B of Form P about membership legally binding?
Hi, i can only comment on what has happened to us.
Or my knowledge so far (two years of court dates ect ect)
When filing form E, it states on there that the form has to be submitted to the pension holder providers, they fill it in as of that date. The CETV is apparentely what the courts work off. Be prepared though as the report is only valid for 12 months. It is not down to the pension provider or the spouse who owns the pension, to say you can or cannot be added to the final pension. It is down to the Courts to say how much of it you are entitled to. i.e.... IF you are awarded say 50% then the courts order the pension provider to split the pension as in a pension sharing order or they say 50% is to be earmarked when it finally comes into play.
If you get a pension sharing order then your 50% can be put into your own personal pension and you can increase your own contributions. Thats only depending on if the pension allows you to put it into your own, if not then it stays with the company till it matures and you cant add to it.
I hope that helps, but its really best to get a pension actuary report done on it. Costs about £400.
Hi no we havent had Form P. what happened to us was the other party had their own pension report done on my husbands pension. At one hearing they asked the Judge if they could have a pension actuary report done, the judge replied No. So they took my husband (im his 2nd wife, his 1st wife who he divorced 5 years ago is taking him to court for ancilliary relief) to court again, and managed to get an order to have a basic pension report done and that they would be paying for it not my husband! Anyway its been a big mistake of thiers because at the final hearing.... The judge said the report they have submitted is useless as it doesnt take me... his 2nd wife into account! They had a pension report done based on the information they submitted to the actuary, It was factually incorrect.
I suppose they should of asked the questions of thier actuary that is on the form P. (but i guess the reason they didnt is because its not in their clients best interest... i.e. they are trying to get one over my husband... but this Judge was nobodies fool and could see what they were trying to do.
If you were pension sharing and had got these answers in Form P [the Pension Inquiry Form] from the pension scheme about membership of the scheme:
4. (a) Does the person responsible for the pension arrangement offer scheme membership to the person entitled to a pension credit? YES
(b) If Yes, does this depend on Employer and/or trustee approval? NO
would you expect to be welcomed into the scheme as a member or forced to transfer out?