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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 sharing order

  • grev1305
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19 Jul 12 #344268 by grev1305
Topic started by grev1305
my ex solicitor wont provide me with a copy of the pension sharing order . its all been finalised in court and ive received a letter from my pensions dept asking for £300 which is half the cost of the order. Im not getting any of her pension so were not exactly sharing she is getting 43% of mine.
Should i have to pay half the cost and how do i get a copy of her solicitor . Ive been told it needs to be sorted within 4 months . What happens if i dont or should i say her solicitor doesnt provide a copy

  • The Divorce IFA
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24 Jul 12 #345060 by The Divorce IFA
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Hi,

It is usual to share the costs in line with the overall divorce.

Ideally you should have agreed to this and although paying £300 out is never enjoyable at a total cost of £600 this is towards the lower end of pension sharing charges. Some are £2,000+.

It is important that this is implemented in a timely manner but often things can get stuck or slowed up.

You will be able to monitor by asking your pension company whether they have received the pension sharing order. It would appear that you are not going to get it from your ex or her solicitor (I assume she drafted it!). You can probably request a copy from the court.

There is quite a lot of paperwork to complete and your scheme will have a number of requirements before they will implement. I would find out what they are and monitor their implementation.

Are you currently contributing to this plan?

  • TBagpuss
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24 Jul 12 #345068 by TBagpuss
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you can get a copy of the order from the court.
You will normally have been sent one at the time the order was made, and the court may charge you for the further copy. It is not your ex''s, or her solicitors'' responsobility to provide you with a copy.

The pension sharing annex sets out how costs are to be split. The default is that the person with the pension pays unless there is a different agreement, and it sounds as though you agreed, or the court imposed, and equal split of the charges. An equal split is fairly common.

You are sharing - I presume that the 43% was calculated taking into account the pension she has in her sole name, so that over all you are sharing the totla pension pot more or less equally, in which case it woud be normal and reasonable to share the costs equally, too.

It sounds as though the pension company has received the order and needs the money in order to implement it. You are required to pay as part of the order and if you fail to do so, you will be in breach and could be taken back to court for the order to be inforced. If this happens you are likelyto end up having to pay further costs on top of your share of the pension sharing fees.

I recommend that you ask the court for a further copy of the order and pension sharing annex, to double chekc that it does provide for the charges to be split, and then arragne payment.

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