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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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Amending or Cancelling a Pension Sharing Order

  • Snake Eyes
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22 Jan 08 #11424 by Snake Eyes
Topic started by Snake Eyes
Does anyone know if it is legally possible to amend or cancel a pension sharing order once it is in force? My providers are saying there is 'no mechanism in law' to do this, but I'm not sure I believe them.

  • Peter@BDM
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22 Jan 08 #11465 by Peter@BDM
Reply from Peter@BDM
I am sorry but I believe that your providers are right. My understanding is that once the decree has been made absolute you cannot vary (amend or cancel) a pension sharing order.

In some circumstances, an appeal can be filed before the order takes effect.

  • Fiona
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22 Jan 08 #11469 by Fiona
Reply from Fiona
Yes, my understanding is the same. Courts can award PSOs but I don't think they have the authority to alter or dismiss them once they are in force.:(

  • maggie
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22 Jan 08 #11473 by maggie
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My vague impression is that you can appeal until the Pension Sharing Order "takes effect" but what does "take effect" mean for Pension Sharing Orders?
Does this mean you can only appeal up to the point where the court issues the PSO?
or up to the day the pension scheme receives the PSO and all the information it needs to implement the order or up to the day when the scheme actually implements the Order - ie on the date the scheme chooses in the 4 months after it gets the PSO and all the information it needs to implement the Order?
I am beating myself up over having applied for Absolute quickly, egged on by my solicitor -just after I signed the Consent Order she threatened I would have to answer to the court for any delay in pension sharing - but if I hadn't applied for Absolute the court wouldn't have issued the PSO and the trustees would not have told me I had to transfer out.
The DB scheme trustees failed to tell me/the court before the PSO that I would have to transfer out/accept money purchase benefits and my solicitor and barrister failed to find out that I would have to transfer out etc.

  • Fiona
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22 Jan 08 #11481 by Fiona
Reply from Fiona
Isn't there something like 28 days after the SRO was made before it is supposed to come into effect?

Maggie, I don't think there is much point in beating yourself up about it. If you identify a problem, consider all the options and there is is nothing you can do there isn't much point thinking things should be different.

  • Snake Eyes
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22 Jan 08 #11519 by Snake Eyes
Reply from Snake Eyes
Many thanks to all for the advice - it seems I am now stuck with a PSO even tho my ex is willing to cancel it all for a lump sum. Too late :angry:

  • attilladahun
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22 Jan 08 #11523 by attilladahun
Reply from attilladahun
Has it been implemented yet even after order made?

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