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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 100%

  • pmw2040
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04 Jun 12 #334975 by pmw2040
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Thanks for this. Yes, 12 months ago the Order was made - and not enforced by my solicitor, although she kept stating that the pension providers should be brought before the judge to explain why not, it never happened.But I have finally spoken to the Pension providers myself and they tell me that the delay was caused because never before have they had a 100% pension attachment Order (the original Order of 2001 was earmarking and 50/50).I am told they will now pay out to me - but my lawyer is telling me by I shouldn''t have spoken to the pension provider as it will seem ''underhand'' as there''s an upcoming hearing. But surely, the pension has been mine (in theory!) for 12 months?

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04 Jun 12 #334982 by maggie
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I''m amazed ....."underhand" - how ridiculous.You''ve got a court order which you''re trying to enforce in the absence of any help from your solicitor.
What is it with solicitors - are they afraid of the pension trolls?
Spouses contemplating pension sharing are entitled in law - there''s a Statutory Instrument - SI 1048 -
www.legislation.gov.uk/uksi/2000/1048/contents/made
entitling the non-member spouse to ask for all the basic information set out in those pension sharing information regulations - you can ask for all you need to know apart from the CETV.[If the member spouse won''t produce the CETV the judge can order the pension scheme to do it.]
My solicitor maintained to the end that I had no right to approach the pension provider for information - even when I showed her the regs !!!!!
It seemed as though the only thing she knew about pensions was that you mustn''t talk to the pension scheme - WRONG.
You had a valid court order and your solicitor didn''t take action to enforce it....didn''t even ask the pension scheme what was happening .....shocking.
The pension provider said they''d never had a 100% attachment order before so just sat on it?

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04 Jun 12 #334985 by pmw2040
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Yes, it''s true they just sat on it and useless solicitor did nothing. Thankyou for this, and the link....

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04 Jun 12 #334988 by maggie
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Can''t resist asking: did your solicitor suggest pension sharing rather than attachment?

Just to refresh: was this pension in payment/being paid to your ex when the judge issued the 100% attachment order - ie to comply with the order the scheme simply had to divert 100% of the payments to you?

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04 Jun 12 #334991 by pmw2040
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I missed out on pension sharing or splitting back in March 2000 - i understand splitting came in December 2000.
So - pension was awarded as ex had stopped periodic payments 2 years earlier - and could be applied for on ex''s birthday, but he was out of contact in The Gulf,& never responded to any communications. Up until now nothing has been paid out - and he''s suddenly re-appeared to challenge the order, claiming he never knew about previous court hearings because he never got any letters or emails! But - I got Deemed Service. I can''t understand why the Court is giving him any time, he''s in contempt of court several times & can''t believe he has any chance but STILL he has found a barrister to represent him, who is using this wretched Field v Field to claim that the Judge mis-directed himself - in order to somehow prove the judge''s order can''t stand.

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