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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.


Pension enquiry form

  • mart1968
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19 May 12 #331650 by mart1968
Topic started by mart1968
My long running divorce continues!
Have spoken with my ODTBX(one day to be ex!)
this week, and she has given me a form. A PENSION ENQUIRY FORM?? She is very vague as to what I need to to with this, and it doesn''t make much sense to me ?
As far as I can tell all I need to do is put my name and pension details on it, but surely her solicitor could have done this, they have all the details from the mediation?
Any idea if I need to forward it to my pension provider, or let the solicitor have it back?

Thanks..

  • maggie
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20 May 12 #331754 by maggie
Reply from maggie
At last after years someone has mentioned Form P. Thank you for proving it really exists.
hmctsformfinder.justice.gov.uk/courtfinder/forms/form(p)_e.pdf

It''s the official form for asking your pension scheme for the information needed/required under the regulations.
www.legislation.gov.uk/uksi/2000/1048/made
The idea is you ask your pension provider to complete it and you disclose it as part of your financial disclosure.
It''s a direct request from you to your pension scheme to tell you whether you can share or attach your pension and if so on what terms.
In my case there was no charge by the schemes for completing Form P - I reckon it''s in your best interests to get the information direct from the scheme in writing in Form P and take the opportunity to check the information with them to be sure of how pension sharing/attachment would work in your case.

These are of particular importance
"4. (a) Does the person responsible for the pension
arrangement offer scheme membership to the person
entitled to a pension credit?
Yes No
(b) If Yes, does this depend on Employer and/or trustee
approval?
Yes No
5. If the answer to 4(a) is Yes, what benefits are
available to the person with the pension credit?"

The Pensions Ombudsman in a decision has said that if the ex-spouse is required to or allowed to remain within the scheme the Scheme should say in their answer to Q5 at what age the ex-spouse pension credit member could take a full pension.

Amazingly Form P doesn''t ask whether the pension enquired about is a defined benefit or a defined contribution pension.:blink:

  • mart1968
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21 May 12 #331984 by mart1968
Reply from mart1968
Thanks.
Still not entirely sure how this form is going to help? We came to agreement at mediation, that a lump sum would go to my x.
This was over a year ago!
If I send this form in now, are they going to give it''s current value?
None of the delay is due on my part,hope I am wrong but can see this causing issues!
If I do need to fill this out, would it be a good idea to contact my pension provider?
As you make it sound like some may charge to complete this for me!

Thanks for any help.

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21 May 12 #331987 by maggie
Reply from maggie
Sounds as though your wife''s solicitor wants to check if the offer is fair /would be seen as fair by the judge who will check the Consent Order? Updating the CETV now might save delays when the Consent Order gets checked?

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