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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.


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Pension

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17 Dec 07 #9158 by maggie
Reply from maggie
A few other issues about holding solicitors to account on pension sharing - they may seek to avoid responsibility by telling people to see an IFA/Actuary but it remains the solicitor's responsibility to make sure the salient facts are available to and understood by the client and the court?
Also the legislation and regulations seem unclear on when the information for pension sharing must be provided ie whether the information on how the resulting pension credit will be discharged [ membership/ DB benefits /money purchase benefits/ at what age] must be provided before the percentage share is decided or whether the pension scheme can legitimately withhold information on how it will discharge a pension credit until it receives the Pension Sharing Order?
Is Form P asking for the intentions of the pension scheme in the case of the ex-spouse of the member named in the Form P the scheme is completing?
TPAS has said that Form P is not contractual - my scheme trustees can't be held accountable for anything stated in Form P - making it useless for sharing final salary pensions?
The idea of Form P was to protect pension schemes from being asked for information not required under the Regulations?
Can someone be offered final salary scheme membership in Form P?

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