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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

  • attilladahun
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22 Jan 08 #11524 by attilladahun
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Has it been implemented yet even after order made?

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22 Jan 08 #11529 by Snake Eyes
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Consent Order was 2003 and order has been implemented in with my pension provider. However, all actions are nominal (I am in the Armed Forces Pension Scheme) and, because I am still in the Service, no deductions or payments have been made. I would be happy to amend the PSO (to 1% say) if it can't be cancelled, then I could give my ex the lump sum and everyone would be happy.

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23 Jan 08 #11548 by maggie
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gc - I wanted more of the house in exchange for leaving the final salary pension intact but he refused.
can I ask you why you would rather give up a lump sum now than share your pension?
As things stand what age will she be able to take her Army pension?

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23 Jan 08 #11555 by Snake Eyes
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It's all to do with circumstances, Maggie - she needs a lump sum now as she is thinking of leaving the person she is now with and her parents are uber-wealthy, so she is not expecting to need the pension money in later years. She will not receive anything from my pension until she is 60. Hence, she gets the money she needs now and my pension is restored.

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23 Jan 08 #11556 by maggie
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A while back I was emailing pension sharing legal "names" to try to get an answer answer to this question - I've been trying to find the email - one of them said :
if the order has taken effect you can't apply to vary it but MCA 1973,S40 might help - If you find out how you have to promise to post it here
MCA 1973,S40
40A Appeals relating to pension sharing orders which have taken effect

(1)Subsections (2) and (3) below apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect.

(2)If the pension sharing order relates to a person’s rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the taking effect of the order.

(3)If the pension sharing order relates to a person’s shareable state scheme rights, the appeal court may not set aside or vary the order if the Secretary of State has acted to his detriment in reliance on the taking effect of the order.

(4)In determining for the purposes of subsection (2) or (3) above whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.

(5)Where subsection (2) or (3) above applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.

(6)Section 24C above only applies to a pension sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.

(7)In subsection (2) above, the reference to the person responsible for the pension arrangement is to be read in accordance with section 25D(4) above.]

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23 Jan 08 #11557 by maggie
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I got as far as "takes effect" in Para 1 and could never find out what that meant
the rest seems to say as long as no-one/pension scheme will lose/has already lost money on it you can appeal ?
How you appeal and what it costs I have no idea.

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23 Jan 08 #11558 by maggie
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Sorry- the correct reference is MCA 1973 s 40A

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