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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.


Pension actuarist

  • Irungu
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12 Oct 21 #517894 by Irungu
Topic started by Irungu
Hello,

I am querying about actuarist report, my STBx is requesting another CETV citing that mine is more than 12 months old. We separated in January 2020,Decree Nisi in Feb 2021,now awaiting FH (Dec 2021) that may be adjourned as its unlikely that we will have the actuarial report in time? only 7 weeks and we have still not agreed on the letter of instruction as he's insisting on age 60 or 67.
I am not happy to pay for another CETV, Can I demand that my STBx pays for it as I am happy with current figures?
Many Thanks.

  • seeingawaythrough
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13 Oct 21 #517899 by seeingawaythrough
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I understood that CETVs had to be within 12 months, I did have to obtain second CETVs for some of mine as my STBEX caused a lot of delay earlier on so mine (which I had got promptly) were out of date.... it was quite frustrating. I didn't have to pay though, as usually you can have one CETV free per year?

If you haven't instructed your expert yet, I can't see that you would have a report in time for a December hearing.

Your hearing in December, is that first hearing (FDA) or FDR?

I had to have my original FDR postponed as the pensions report hadn't been delivered in time. It's possible that the second date might also have to be adjourned, for the same reason. These reports can take a long time to obtain! I'm still waiting, and the expert had all information back in April.

If you're awaiting First Hearing then the details of the instruction of the pension expert might be handled then. At our first hearing, the precise instructions to the expert were stated in the Order resulting from that hearing.

Hope this helps.

  • Irungu
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13 Oct 21 #517900 by Irungu
Reply from Irungu
Thanks for your response. It's final hearing scheduled for 3 days.8th,9th and 10th Dec 2021.I do not think we will hv the actuaries report.Can I write to the court requesting adjournment? What is the process?
Thanks for all your help.

Kind Regards
Phylis Muhia

  • seeingawaythrough
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13 Oct 21 #517901 by seeingawaythrough
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I don't know if it's any different for a final hearing - but to adjourn our FDR both sides emailed the Court and explained pension report would not be ready in time, so could the FDR be relisted.

Has your actuary advised how long the report will take? I'd ask them as maybe it's simpler than mine and/or they're quicker!

Has there not been any mention of the pension report in the earlier hearings? I honestly don't know you would ask the Court to rule on what an instruction letter might say if you can't agree between yourselves, but presume that must be a possibility or you can't really move forward.

Hopefully somebody more clued up than me will be along soon... :)

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13 Oct 21 #517902 by Irungu
Reply from Irungu
Hello,

We are awaiting for the actuaries to respond with the quote on how long it will take for the report but the CETV will take 3 months anyway.I will seek legal advice regarding adjournment.Thanks.

Kind Regards,
Phylis

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14 Oct 21 #517912 by seeingawaythrough
Reply from seeingawaythrough
Hopefully it won't take as long as 3 months to get the CETV. I know it varies from provider to provider, but mine all said 10 days, I think.

My learning from this is that when you appoint your pension expert, ask them how long the report will take, and get them to confirm that. I've had a huge amount of unnecessary stress due to the uncertainty about when the report would actually be ready (for the record, mine took 6 months!). You don't want to find that your new Court date also gets missed.

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