I am very unhappy with the wording on the calculations for the order. It was very one sided, all decided by my ex’s Barrister. The letter of instruction has not yet been drafted. I have asked My Solicitor to contact the Judge to ask that the following calculations are also added to the order,
a calculation for an ‘offset sum’ to equalise the pensions from cohabitation to separation as this could help negotiations between us & a calculation based on retiring at age 55 as approx 80% of my pension pot was accrued based on retiring at 55, the scheme is now closed.(although all of the pension that allows me to retire at age 55 was accrued before meeting my wife).
My Solicitor says it is too late and not possible, all we can do is request my ex’s solicitor to add these instructions, but says they will likely refuse. They also said getting a calculation for retirement at age 55 will not be beneficial and a calculation at age 66 is better. As the ex has longer to earn more pension…Is that right?
Can I insist that my Solicitor contact the Judge to ask these questions?
I have also thought that I could refuse to agree to the wording on the letter of instruction.
I could refuse permission for the Actuary to view my pension
I could refuse to pay half the costs of the report…..
But will that basically put me in contempt of court?
I have the Judges email address….Am I within my rights to contact them or there office to make this request?
I believe my requests are perfectly reasonable…..what can I do?
I feel at my wits end with it & completely let down by my Solicitor
At my recent FDA the judge instructed a court order to appoint a joint pension expert to;
a. The most cost-effective way to divide the pension provision available to both parties (including state pension) between the parties so as to provide equality of pension income on two alternative bases, namely when both parties reach the age of 66.
b. The most cost-effective way to divide the matrimonial pension provision (cohabitation to separation) available to both parties (including state pension) between the parties as to provide equality of pension income on two alternate bases, namely when both parties reach the age of 66.
c. An estimate of the pension income that would be receivable by the applicant and respondent in each of the scenarios in paragraph (a) and (b) above.
This was all decided by my ex’s Barrister, My Solicitor had no input into it.
Ours was a 10 year 12 months marriage, with 12 months cohabitation, no kids, both working, me 53 her 48.
My pension is 3 times larger than my wife’s. But The pensions accrued from cohabitation are fairly similar, mine perhaps £80k more than my ex’s.