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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.

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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 100%

  • pmw2040
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28 May 12 #333379 by pmw2040
Topic started by pmw2040
Divorced 12 years ago after 28 year marriage. Awarded Periodic Payments which my ex-h defaulted on 3 years ago. He lives in the Gulf with new wife and 2 children. I was also awarded 50% of his Pension (earmarking) when he reached retirement age, that was 10 months ago.He never responded to any lawyers correspondence so to Court for Deemed Service. Thence to Court and District Judge awarded me 100% of his Pension, which the Judge signed to release as ex-h.was not engaging at all.Still hasn''t been paid out. Now suddenly ex appears with a Barrister who claims the Judge was ''mis-directed'' and had no authority to award/sign for the Pension - using a Case ''Field v Field 2003''. I am being pressured to sign an Agreement which takes me right back to the original Order of 2001.Is his Barrister right? Is there any Order which over-turns Field v Field? Grateful for any help, getting confused, bullied and desperate.

  • dukey
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28 May 12 #333386 by dukey
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Wise wiki`s and solicitors, can you help?.

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28 May 12 #333389 by maggie
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This is the case they''re using as a precedent
www.4pb.com/index.php?item_id=450&barrister=

Just to clarify the situation - just to be sure - forgive me if you''ve said it all before:
This is about pension earmarking/aka attachmentand his failure to pay periodical payments: the judge increased the order to 100% of the pension lump sum available because of his non-payment of periodical payments i.e. you''d get the total of any lump sum payable when he took the pension into payment?
Have you approached the pension scheme?
Is it based in the UK?
Is the scheme in possession of a lump sum earmarking/attachment order?

  • maisymoos
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28 May 12 #333397 by maisymoos
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From Maggies post am I right in thinking it is just the additional 50% that is under issue here due to the fact that her ex defaulted on periodical payments? and that the first 50% should therefore be in payment?

Any advice as to what pmw should do?

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28 May 12 #333405 by maggie
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Sorry mais - I added a bit to my earlier post - my typing''s glacially slow.....
I reckon the first place to go is the pension scheme to see what orders they''ve received - I''ve not experienced pension attachment /earmarking but I seem to recall that pension schemes in possession of an attachment/earmarking order - might need to be approached by the beneficiary - proof of id etc - to start the ball rolling?
Can''t do any harm to find out where the pension scheme are with all of this so that would be my first phone call - to ask what court orders they''ve received about his pension - if they''ve received nothing/can trace nothing - pension schemes seem ace at losing stuff- then back to the judge?

[From re-reading it looks as though it''s a UK based pension.]

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28 May 12 #333407 by pmw2040
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So - ex has no assets in UK other than this Pension. The Pension providers have finally acknowledged that they must pay it out as it has the DJ''s signature in lieu of my ex-h''s (haven''t received it yet...).
12 months ago I was awarded ALL of it- 100% plus Lump Sum because of ex''s non-payment of periodic Payments and failure to attend 3 Court Hearings (he claims now he never received correspondence but DJ and I both know that''s rubbish..Deemed Service.....he''s been hiding abroad). But now he is claiming that because of Field v Field '' the DJ mis-directed himself''. Thanks for forwarding the F v F Case - I think I have found a new one which over-rules F v F....will find and attach. Thanks!

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28 May 12 #333410 by dukey
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On the face of it an order was made and the guy refused to comply, it was then enforced and the judge decided to capitalise the PP`s with the pension, can a judge do this, yes they can.

In the case of Field the lady already had a secured provision order, the application was refused because it could not be implemented.

In this case the judge made an order, the other side now say well we think the judge got it wrong.

The key difference is in Field the court said no, for this lady the judge said yes.

Its now for the other side to appeal, are they in time to do so? if they are can they proof the judge made an error in law?, its far from easy, this is really for barristers advocates to argue.

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