A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


sharing a final salary pension

  • maggie
  • maggie's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
17 May 07 #280 by maggie
Topic started by maggie
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?

Post edited by: maggie, at: 2007/05/17 13:28<br><br>Post edited by: maggie, at: 2007/05/17 18:21

  • Louise11
  • Louise11's Avatar
  • Platinum Member
  • Platinum Member
More
17 May 07 #284 by Louise11
Reply from Louise11
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.

  • maggie
  • maggie's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
17 May 07 #287 by maggie
Reply from maggie
Thanks for information - I should have got an audit
Have you had a copy of Form P Pension Inquiry Form ?
www.hmcourts-service.gov.uk/courtfinder/forms/form_p_1205.pdf

  • maggie
  • maggie's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
17 May 07 #289 by maggie
Reply from maggie
Sorry - double post<br><br>Post edited by: maggie, at: 2007/05/17 18:10

  • Louise11
  • Louise11's Avatar
  • Platinum Member
  • Platinum Member
More
17 May 07 #290 by Louise11
Reply from Louise11
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.
Kind regards
debzz

  • maggie
  • maggie's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
19 May 07 #309 by maggie
Reply from maggie
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?

  • Louise11
  • Louise11's Avatar
  • Platinum Member
  • Platinum Member
More
22 May 07 #341 by Louise11
Reply from Louise11
Hi
it seems to me with the answers given to the questions....
That you can join the scheme if you want.


In the case of my husbands pension, his ex wife would not be allowed to transfer out, but would become a credit member of the pension, Or a debit member. (i cant remember which way round it is)

I dont think it means you are forced to transfer out.
well thats how it reads to me anyway.

:)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11