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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.


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Police pension

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26 Aug 12 #352037 by Annjeast
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Hi
I have just joined this forum and hope someone can help. My ex was a police officer who as part of divorce agreed to £38k of his lump sum. In return I took no child support and paid mortgage and debts off. He then took his lump sum and continued to work for the police. That was a year ago and he refused to pay me. Now I have taken him back to court he just says he has spent it. As the police pensions were notified at the time, should they have paid me or him? I don''t know what to do next. Nothing seems to work. Both my children are adults now and I wanted tone able to help them. Can anyone suggest any way of enforcing this order? The court say he should pay but no consequence if he doesn''t . Thanks for any help. Ann

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26 Aug 12 #352038 by dukey
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So you had a Consent Order sealed by court?.

Did you have an earmarking order for your pension share?.

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26 Aug 12 #352101 by Annjeast
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Hi
Yes I did. It was all sealed by the court

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27 Aug 12 #352122 by dukey
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Ok so was an earmarking order sent to the pension provider.

What is the exact wording in the sealed order.

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27 Aug 12 #352144 by Annjeast
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Yes the order was sent to South Yorkshire police pensions. My advocate has the paperwork and is going to scan the order over to me for the exact wording. Hope to have it soon. The solicitor at the time dealt with other wives of officers and they all seem to have been paid out by police pensions but something seems to have gone wrong with mine. I think that because he moved jobs, his pension info was sent to GManchester Police pensions and they said they never received any info about the earmarking order so paid him out in full
Thanks for your help

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29 Aug 12 #352729 by Annjeast
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Hi
I now have the order with me. This was made at Sheffield County Court-on 23 April 1998
The wording in respect of the police pension is as follows

2. With respect to the Police Pension Scheme, the respondent do pay the Petitioner forthwith upon him retirement from full service to the police force, a lump sum equivalent to such sum as would represent one third if the maximum commutable lump sum that could be paid at that date

3. Pursuant to Section 25b (4) of the Matrimonial Caue Act 1973 the Pension Scheme Trustee shall as far as may be necessary to enable the respondent to comply with his obligation under paragraph numbered 2 hereof, make a lump sum payable to the petitioner from the lump sum due to the respondent

A new order made in Sheffield CC on 1st August 2012 stated that
Upon the Respondent confirming that he retired on 13April 2011 and received a lump sum from his pension scheme of £********
IT IS ORDERED THAT
1. The amount due to the petitioner under paragraph 2 of the order dated 23 April 1998 is £*****. exclusive of interest
2. The respondent shall pay the costs of the application to be assessed if not agreed.

Since 1st August no communication except my ex telling the children that he will not pay. Not sure where I go from here because my court costs are up to 2k and I have got nowhere to date. Any advice would be greatly appreciated.
Thanks
Ann

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29 Aug 12 #352735 by dukey
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Ann

I would have thought an advocate would deal with this with ease, it does read like an earmarking order for sure, has your solicitor suggested this could be an issue to take up with the trustee?.

So you took this to enforcement and he was ordered to pay, but it''s a bit err foggy no time limit to pay but a costs order added as expected.

Does the gent own any property? What does the pension pay monthly? Does he have money savings does he work, sorry for the questions, I''m working blind here guessing what is happening.

What does your solicitor day is the best next move?.

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