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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.

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.

Find out about Protected Rights

  • maggie
  • maggie's Avatar Posted by
  • Platinum Member
  • Platinum Member
28 Jan 08 #12177 by maggie
Topic started by maggie
Just another trap.
When you share a contracted out pension you also share the Protected Rights - the "government contribution" -NI rebate/tax relief.When they're transferred on divorce they're called Safeguarded Rights and treated differently from all other Protected Rights - eg you can't take 25% of safeguarded rights as a cash lump sum.
After the Consent Order I thought the proportion of Protected Rights in my share of the pension looked wrong - it's two thirds of the CETV.I've tried to check that it's right with HMRC and the pension scheme administrators but they've refused ; they say the amount of my safeguarded rights is based on the amount of the Protected Rights in the original pension in his name and they can give me no information on the pension in his name unless he asks or they're ordered to by the court. He is unlikely to help.
Maybe how much is Protected Rights should go on your list of things to know about the pension you're thinking of sharing?

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