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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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Pension Sharing Order

  • 03HARRY
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02 Apr 12 #321271 by 03HARRY
Topic started by 03HARRY
[file] I WAS DIVORCED IN JULY 2003 ( Decree Absolute 15TH JULY 2003 )A PSO WAS AGREED FOR 37% OF MY PENSION AS FROM 6TH AUGUST 2002.
IN JANUARY THIS YEAR MY NEW PENSION PROVIDER ( MY COMPANY WAS BOUGHT 6YRS AGO ) INFORMED ME THAT MY EX-SPOUSE WAS LOOKING TO IMPLEMENT THE ORDER FROM 2003!
SEVERAL E-MAILS LATER, MY PENSION PROVIDER INFORMED MY EX-SPOUSE THAT THE PSO WAS NOT VALID AS IT WAS FOR ANOTHER SCHEME IN WHICH I HAD NO MONEY, AND I WAS NOT PREPARED TO GIVE MY CONSENT TO ANY TRANSFER.
I DID NOT KNOW THE PSO HAD NOT BEEN IMPLEMENTED AND THE LAW STATES SHE HAD 4 MONTHS TO IMPLEMENT.
I HAVE JUST RECEIVED A LETTER FROM MY EX-SPOUSES SOLICITOR SAYING THEY ARE LOOKING TO GO BACK TO COURT FOR A VARIATION OF THE PSO, AND INVITE ME TO CONSENT TO THE PROPOSED APPLICATION TO VARY THE ORDER.
MY DIVORCE WAS A FULL AND FINAL SETTLEMENT BUT HOW DO I STAND WITH THIS PSO AND GIVING PERMISSION TO GO TO COURT FOR A VARIATION ? ?

  • ian conlon actuary
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03 Apr 12 #321389 by ian conlon actuary
Reply from ian conlon actuary
This sounds really messy, there is scope for either you or your ex to lose out financially here. Someone messed up, either your legal advisors or the administrators of your previous pension scheme. As a starting point you should establish the train of events in terms of correspondence between solicitors and the pension scheme.

  • 03HARRY
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03 Apr 12 #321495 by 03HARRY
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Hi Ian.
Thanks for your reply and I have a train of events which seems quite simple to me.
My ex, thought she would get more money by leaving my pension pot grow ! This is only guess work but I know she is such an evil thinking person.
The question I raised was, are my actions so far ( refusing to pay ) legal,I do not want to pay out on a PSO which is not addressed to my current Pension Provider.
Or am I waisting my time as she will be able to go to Court and get a variation order.

Many thanks.

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03 Apr 12 #321497 by ian conlon actuary
Reply from ian conlon actuary
Harry, sorry, I can''t advise. Your question is very much a legal question and one I would therefore rather steer clear of. Best advice I can give you is to seek legal advice on the matter.

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03 Apr 12 #321499 by 03HARRY
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Thanks Ian, I am hoping for some legal advice from these posts ? PLEASE ! !

  • rubytuesday
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03 Apr 12 #321501 by rubytuesday
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Harry,

Wikivorce doesn''t offer legal advice on the forums/helpline etc.

I think, as Ian has said, you should seek legal advice from a solicitor on this matter. I can understand that you are desperate for advice and information, but for that you need to see a solicitor as your situation is complex and rather messy :s

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03 Apr 12 #321514 by 03HARRY
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Maybe you are right, I''m just trying to save on excessive solicitors fees? Thanks.

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