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What are we each entitled to in our divorce settlement?

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late timescales in pension sharing

  • pinkfish
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01 Feb 08 #12542 by pinkfish
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Hello to everyone out there,

I'm hoping someone will be able to give me some pointers on what to do. I went to court april 2007 where a cleanbreak Consent Order was agreed. Barrister said I would hear from the pension company within 3-4months. Decree Absolute in june 2007. Letter from solicitor with a form from the pension company for me to sign in sept.07.

Since then I have consistently phoned my solicitor re the pension. Early nov he said he had heard nothing from them.
Finally after many efforts to speak to solicitor again I did so on 20 Dec. He said he still had heard nothing from the pension company but would chase them up. Again I spoke to solicitor yeaterday who said again he would chase them up.

I am becomming increasingly concerned and anxious about this as I understand there are certain timescales involved for setting up pension shares. Is this right and what are they? Have I now lost the right to the pension share if these timescales are missed? If I have what can I do about it? It is in the Consent Order from court that I should get 40% of pension, what happens if I don't because someone has not done what they should? By the way it is a police pension.

I hope someone can allay my worries and tell me what I should do.

Thanks.

Pinkfish.

  • Peter@BDM
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02 Feb 08 #12591 by Peter@BDM
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Although the delays and apparent lack of action must be upsetting for you, there is little for you to worry about. Yes, the scheme is obliged to do things within prescribed timeframes, but whatever happens you will not suffer any financial consequences over the delay. The date on which the court order is made sets the date on which the scheme must effectively make the changes. Any delay they may experience merely means that they will backdate the implementation of the order.

Only concern I might have would be if your husband “retired” between the date of the court order and its implementation.

  • pinkfish
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02 Feb 08 #12595 by pinkfish
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Thanks for your answer Peter. Not so worried now. As you say there is nothing I can do except wait. I do feel I have had wool pulled over my eyes re pension, I suspect the CETV value has been very undervalued, but again I feel there is nothing I can do about it.

Once again, thank you.

Pinkfish

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02 Feb 08 #12609 by dumped2
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from reading these posts, i am now concerned that my h may be able to get his hands on my pension. he has a small pension from when he had a business. he has not paid anything into a pension for 4 years now. i have nagged him about this, his response is always I'll start one again soon. It looks like perhaps i may have to pay for his fecklessness. i wish this country followed Germany's model and forced people to pay towards their own retirements. I only hope that my possible X2b doesn't grab my pension.

  • maggie
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02 Feb 08 #12610 by maggie
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Hi pinkfish - am I right in thinking you can't transfer your share out the police pension scheme? They get four months to implement the order / put the share in your name after they get the pension sharing Order from court and it sits in the scheme until you can take a pension - at age 60?
Being a pessimist worrier I'd give the pension admin a ring just to reassure myself everything's in place

  • pinkfish
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04 Feb 08 #12757 by pinkfish
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Thanks for that info maggie. I don't know a thing about the pension. I don't think I can transfer out. The barrister told me I couldn't take it till I'm 65, he though can start taking it at 52 which is in 4yrs time. (He got some extra yrs as he had been in royal navy which gave him a headstart on the police pension). I am worrying. The solicitor has all info I don't even know the name of the pension company. When I was married I did worry about my pension, but x always said don't worry I'd be ok. He was never forthcoming with info I am completely in the dark, still.

Pinkfish

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04 Feb 08 #12765 by maggie
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