A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


already collected the pension???

  • remealot
  • remealot's Avatar Posted by
  • Junior Member
  • Junior Member
More
02 Apr 12 #321201 by remealot
Topic started by remealot
HI,

I''m in a quandry about this. My partner and I have been debating the pension for 4 years now, everytime I get close to a settlement they back off and change the goalposts!! I''ve been instructed by the solicitor to go to court as we are not getting anywhere near a settlement.

I now find out that they ahve finished their job and in full receipt of the very pension that we are debating!!!!! They have received lump sums (spent!) and resettlement grants (Spent!)and are receiving monthly pension in FULL!!!! How is this possible if it is in divorve settlement!!!

i have no idea what to do now. I need some advice and quickly. If this is the case then surely everyone who is going through a divorce just hang on and put them off until your in receipt of it then spend it all and theres nothing left.

I really dont know what Im upposed to be doing now? On top of that they are refusing to turn up at court for FH, just burying their head in the sand.

HELP!!!!!!!!!!!1:unsure:

  • julie321
  • julie321's Avatar
  • Platinum Member
  • Platinum Member
More
03 Apr 12 #321348 by julie321
Reply from julie321
Sorry no one has replied but I believe you can still claim against a pension in payment.

Hopefully someone with mor expertise will be able to help.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
03 Apr 12 #321356 by MrsMathsisfun
Reply from MrsMathsisfun
Its my understanding that a pension can be shared even if its in payment.

You refer to your ex as your partner? Were you married?

  • remealot
  • remealot's Avatar Posted by
  • Junior Member
  • Junior Member
More
03 Apr 12 #321379 by remealot
Reply from remealot
Ive tried writing in the third person as I''m writing on behalf of my friend who is quite comphobic.

Yes married. Im just worried about the lump sums.... Are they now gone completely? as they should have been adjusted to reflect the pension split. Or do they just take into account whats left in the pension?

For instance the CETV 3 years ago should have been split 60/40. in his favour. which would be fine. but he decided NO. he wasnt having that. Then 70/30 came about, I agreed, he changed his mind again and now we are just going to FH. If the decision vcame to go back to 60/40 would it now be 40% of that CETV value that was awarded to myself(my friend) taken from his current pension that he is now in receipt of????

That makes sense to me otherwise we would now have to look at the pension again and it is obviuosly worth less as he has spent a good chunk of it. at least 20% in lump sums and commutations.

Hope that helps. But Im (my frind) is still in a pickle with what to do.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
03 Apr 12 #321383 by MrsMathsisfun
Reply from MrsMathsisfun
Is the pension the only asset?

If the friend was still married when the lump sum was paid then it was a martial assets and the friend would be entitled to a share.

I think a court would have to decide whether the asset was spent recklessly.

  • remealot
  • remealot's Avatar Posted by
  • Junior Member
  • Junior Member
More
03 Apr 12 #321475 by remealot
Reply from remealot
I dont think it was done recklessly but it was done none the less knowing full well it was in contention and had been for 4 years.

Trouble is that my friend has a solicitor and the partner has refused to get one on the grounds of costs.. They have basically withheld the dissolving of the divorce so that they can receipt pension in payment, as they think that is their entitlment. They now refuse to even turn up at court and constantly refer to not paying anything...... where do we stand???

what can be done in the eyes of the law???

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
03 Apr 12 #321498 by MrsMathsisfun
Reply from MrsMathsisfun
I think if it went to court, then the judge has the right to make a decision without the ex''s cooperation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11