:(q-Is there a time limit on applying for a pension share order,i have received the Decree Nisi over 12months ago and it as been 7months since my ex wifes solicitor wrote to me,informing me that my ex wife had found a pension provider to put her share of my pension into.if i apply for a Decree Absolute would i be granted one and would this dis-allow her application of the said order.my main concern is that i am still contributing to my pension through my employer i am 52yrs old so am i just topping up the pot till she can have her share?
There is no bar to applying for a pension sharing order after the Absolute. Once a pension order is granted there is a time limit for implementation.
The Absolute may not be granted if it leaves your wife financially disadvantaged. For example, if there is a big pension fund she could lose widow''s pension death benefits if she is no longer married.
she is bound to be disadvantaged she hasnt worked for years and claims benifits while i have worked for the last 30yrs plus. so why havent they made application to the court, is it that they are stalling for time knowing that my pension is increasing every month?
It''s considered good practice to sort out all the finances before the Absolute. Have terms for the overall finances been agreed? If so it should just be a case of a solicitor drafting a Consent Order to submit for the court''s approval. There is no reason why a solicitor can''t do this on your behalf or if negotiations aren''t going anywhere you could apply to start court proceedings yourself.
There is an argument that assets accrued during separation by the efforts of one party alone shouldn''t be considered matrimonial. Therefore pension contributions made after a couple of years of separation may be excluded from the matrimonial pot.