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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.

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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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When is the Pension Sharing enforced

  • fedup44
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07 Jun 12 #335597 by fedup44
Topic started by fedup44
I had my FH in Feb 2012 but still havent had the Court Order issued as we have to return for a "Handing Down" hearing. (Although still no date set for that either).

Can someone confirm whether I receive his pension sharing up till the Final Hearing Date? Or uptil the date of the Court Order? However Im sure I read on here that the Pension Sharing is not enforced until the Court Order has been served? The Ex is claiming his being penalised due to the long delay.:laugh:

He has wrote to the Court claiming that he is being penalised due to the long delay. I am now reponding to his letter but just need clarification of the above.

If anyone can quote me any "acts" to back me up I would be greatful.

Thank you

  • maggie
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10 Jun 12 #335961 by maggie
Reply from maggie
Hi fedup -
"The Ex is claiming his being penalised due to the long delay."
Can we guess he means the CETV has increased a lot so you''ll get a lot more pension? - my first question would be what''s the CETV now - how does he know - has he got a new CETV from the scheme?
Is he suuggesting you should get a smaller percentage share ? DON''T AGREE - you need a lot more information - ask him how he reckons the delay has penalised him?.
Has the court asked him to provide an updated CETV ?

- the thing to remember is that the whole legal process is based on the CETV offered by the scheme and that CETV is a "moving target" - it can go up or down.
The type of scheme makes a big difference - eg an army pension can double overnight as a "years of service" threshold is passed - a defined contribution pension will grow by having more contributions as time passes but the CETV offered might be increased or reduced because of the way it''s been invested and charges etc.

With pension sharing changes to the CETV are part of the deal and could go either way - in your favour or his .......
unless it''s one of those pensions that increases in one fell swoop/overnight because a years of service threshold has been passed.
Can you tell us a bit more about why he reckons the delay has disadvanted him and what he wants to do about it?

What''s a "Handing Down" hearing?

....OK googled it - you don''t know yet what the judge''s decision will be - did you get a good idea at the Final Hearing but your ex is hoping to steer it towards a lower share of the pension because the CETV is bigger?
It would be good to know how your percentage share has been/is to be decided - is your share of the pension based on providing you with a certain income on retirement - "equalising" the incomes - or is it just about sharing the CETV between you both - treating it as a cash lump sum to make the whole settlement seem fair?

  • fedup44
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10 Jun 12 #336007 by fedup44
Reply from fedup44
Hi Maggie thanks for the response and some further answers to for you:

Firstly, we have received a draft judgment so we basically know what the decision is but it hasnt been sealed. I am also aware that "handing Down" hearings are no longer common practise, so I don''t know why we have to have one. However, a Wiki advised me that some Judges still like to do these hearings. (But we are 4 months since the since Final hearing!!!)

The Ex has wrote to the Judge and raised his concerns about her judgment (all in his favour of course). I was given 100% of his current pension that he pays into through his employer (Not military or Police). The CETV used at the FH in Feb 2012 was dated from March 2011 that is the figure he is claiming I should be given!!!

I have wrote to the Court and pointed out that the figure he is trying to use is 15 months old.

He didnt start Ancillary Relief Proceedings until June 2011 and the First Appointment was Sept 2011. He now thinks he is being penalised as his still contributing into the penision that Im getting 100% of and still no final Court Order.

Im 45, and at the time of completing the form E my 3 pensions CETV amounted to £30,000 (approx.) He''s 46 and he has a frozen CETV pension of £115,000 and his current one was £33,000 and that was the one I got 100% off of.

If you require any addition info let me know?

Also his solicitor has asked me to find a vehicle to where i want this pension to go to. But I don''t even know what my options are and have requested a copy of the documents, I would prefer to leave them where they are if I can. But they are just pushing me to make a decision. This was the reason for the question as I didnt think I had to do anything until I''ve recieved the sealed order?

Also, do you know if I should received anything from his pension company or do I just purely deal with his solicitor? I am a LIP

Many thanks
Thanks for your advise

  • maggie
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10 Jun 12 #336010 by maggie
Reply from maggie
I think in most cases the CETV is accepted to be whatever the pension scheme calculates the CETV to be when it gets the order to share.The scheme has the right to choose the date for newly calculating the CETV after receiving the order to share.

His solicitor may be trying to help you as you''re LIP I suppose .....but you''ve absolutely no need to tell the other side what you intend to do with your share of the pension - that''s the great thing about pension sharing - it becomes your pension - but you have to decide what to do with it if the pension scheme won''t allow you to keep your share in the scheme.
Once the order to share the pension goes to the pension scheme they''ll tell you how much your share is worth and what your options are - the most likely thing is that you''ll be asked for details of where you want your share to go so they can transfer it.
I hadn''t a clue about pensions so I put my share in a simple Stakeholder pension until I got the hang of things.

The frozen pension worth £115k - is that a final salary pension with a guaranteed income?
Just wondering why isn''t that one being shared?

If he wants to reduce your 100% share of the smaller current active pension you might have to consider sharing the bigger frozen one - is there a particular reason for not sharing that one - what did you get in exchange for agreeing to leave it intact?

The elephant in the room is whether either of you can do anything now to change the judge''s mind about how things should be settled between you - but clearly your husband''s solicitor thinks there''s still time to change things?
From this Wikivorce post
#318929 it looks as though change at the stage you''re at is a remote possibility.

  • fedup44
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11 Jun 12 #336126 by fedup44
Reply from fedup44
Thanks again Maggie...superb easy to understand advice.

I dont really believe his Solicitor is trying to help me as throughout the proceedings she hasnt!!! Even to the point of telling me one thing then saying she didnt say it. (Thats another story)

It maybe a case of the Ex dictating to his sol and not taking on board her advice.

I think that the reason he kept the bigger one may have been due to I got 55% of the FMH. Although I am on a 1/4 of his salary.

I dont know whether the £115,000 is a final salary, but he use to contribute through an employer and then left after so many years. (Does that make it a Final Salary?) He also suffers from a heart condition which "could" limit his life expectancy!

He got to leave the larger pension in tact as I had a "hidden pot of Gold" and the judge offset this amount against the pensions. How funny when the ex knew the money wasn''t mine and still isn''t!!! But at least it wasn''t deducted from my share of the FMH.

All I can say is the final outcome wasn''t to bad. I did ask a wiki member if I could ask the Ex to keep his pension and if I could have a larger portion of the FMH. But basically its not the done thing when we have to go to a FH and then start bartering with the Judges decision. Also I would of more than likely got told off as it could be seen that I wasting the Judges time. That was even if the Ex had responded.

Any further tips or advice always welcome

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