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Letter of instruction for Single Joint Expert - query

  • seeingawaythrough
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30 Mar 21 #516325 by seeingawaythrough
Topic started by seeingawaythrough
I'm a LIP and my ex is represented.

Consent Order from FDA left me to draft the SJE letter, which I did based on examples I'd found.

Ex's solicitor has sat on it for a while, so we're now past the deadline for having this ready. They have added in a lot of detail for each of his pensions, pointing out (with wrong dates however) what was accrued before/during/after cohabitation/marriage/separation.....

My question is that the Consent Order makes no reference to that, so does that level of detail need to be included. I know my ex wants to keep his pensions so I am suspicious about the reasons for including that level of detail and if it's actually right that it is in there.

His pensions are far higher than mine - I took big step back to work part time round the kids.

If it helps, long marriage and cohabitation, so everything is in the pot, so to speak.

  • hadenoughnow
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31 Mar 21 #516327 by hadenoughnow
Reply from hadenoughnow
It would be usual where only one party has a solicitor for their solicitor to draft the joint letter of instruction. There are a number of standard clauses that are included.
Bear in mind that the actuary will provide the calculations that have been requested; their role is not to make recommendations as to how things should be settled.
It is quite usual for calculations to be made that cover the entire pot and also exclude pensions outside the marriage.
It is then up to you to make a case for the option that is best for you. The outcome will depend on the circumstances.
NB The Pensions Advisory Group report 2019 has made a bit if a change. Depending on needs it is now less likely that pensions accrued outside the marriage will be excluded.
You may find it useful to get a bit of support from one of our divorce consultants.

Hadenoughnow

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31 Mar 21 #516331 by seeingawaythrough
Reply from seeingawaythrough
Thank you Hadenoughnow, that's very helpful.

  • ATMSPC
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01 Apr 21 #516357 by ATMSPC
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I am also LIP, ex was applicant and his solicitor drafted the letter.
The instruction itself was the wording lifted from the First Directions order (I presume that is what you meant rather than Consent Order) - the judge had permitted a report to indicate what percentage pension share would be necessary to equalise pension incomes on retirement at 67 based on a) pensions accrued during cohabitation and b) whole of the pensions
I asked for a calculation to be included of an offsetting calculation as I wished to offset some of the anticipated pension share for a greater equity share. His solicitor got a bit tetchy about this but included some wording that asked for a calculation of a lump sum appropriate for me if I were to forego the whole % pension calculated under a) and b)
From that figure (and I went with the full pension accrual as 25 year marriage), I was able to determine some kind of £ for £ offsetting basis on which to negotiate ahead of FDR. These reports are not an exact science though and out of around 24 pages - the useful stuff was covered in about 5 of them!

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02 Apr 21 #516381 by seeingawaythrough
Reply from seeingawaythrough
Thanks you ATMSPC.
Sorry, yes I did mean FD Order :)
Very similar terms to yours, including offsetting calculations.

I'm really not sure why I was lumbered with drafting the initial letter in the first place as I'm LIP (I was also tasked with the bundle), but anyway - other side has added a lot of detail which I'm querying. I haven't heard back from them but they seem to be very slow.. I'm now really concerned about whether we'll end up with a report in time for the FDR.

Glad you got yours sorted.

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