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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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Issue with solicitor advice

  • Fed up Dad
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09 Jul 15 #463920 by Fed up Dad
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Hi,
My STBX and I are nearly at the final stages of agreeing the details of a Consent Order and for the Decree Absolute to be processed.

She has asked for pension sharing of one half of my schemes which in cash terms would equate to £58k (although she wouldn''t have that as cash but set up as a deferred memmber in both my schemes)

Her total pot is £17k.

I asked for clarification on the pension sharing from her solicitor regarding if the intention was for me to also have 50% of hers.

He responded to confirm that rather than a pension sharing order in my favour in relation to any pension held in her name, the best approach would be to offset the value against what she would take from mine. Therefore achieving equality of income on retirement from the present funds.

I have agreed with that approach and have confirmed this in writing.

He has now done a complete U turn. He has advised his client not to accept a claim for me to have a pension sharing against her funds - that hers is to be protected and I give up half of mine.

To say I am furious is an understatement.

I have written evidence from him outlining the way pension sharing would be applied. He has always wanted this case to go to court. He is finding any opportunity to drag it on so my ex continues to fund his pockets.

Am I now entitled to report him to an ombudsman as what he is telling me, he is advising his client different?

I feel like emailing my ex wife and attaching all of the correspondence so she can see what he has told me as I don''t believe she is aware of that.

In terms of pension sharing, if it went to court, would a judge rule that pension sharing on both sides is a fair approach or likely to support their claim? If they had their way, she would have £17k more in the pot than me.

Help me guys, I need some clear direction here as cannot afford legal support

  • WYSPECIAL
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09 Jul 15 #463926 by WYSPECIAL
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Report him for what? Advising his client?

Just say you don''t agree with the proposal.

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09 Jul 15 #463927 by Fed up Dad
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The issue I have is that he has confirmed in writing to me the arrangements for pension sharing and now telling his client to do something else.

I have emailed her the letter he sent me confirming how pension sharing would be applied as I do not believe he has shared that with her.

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09 Jul 15 #463928 by WYSPECIAL
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But you''re not his customer. Your ex may not have agreed with them.

If you don''t agree with their draft then just tell them that.

pension sharing on both sides would be unusual as it costs a lot to set up so it is more usual to equalise pensions by sharing one arrangement and keeping the cost down.

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09 Jul 15 #463929 by Fed up Dad
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I understand what you are saying.
She hangs onto every word he says though.

We agreed to pension equalisation - yet they now want half of mine and she protects hers so I end up with far less. Surely that cannot be fair?

  • .Charles
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09 Jul 15 #463932 by .Charles
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It''s not worth litigating over that''s for sure.

Having two pension sharing orders is a waste of time if an adjustment can be made where one fund is larger than the other - on that principle I agree.

However, what adjustment would you be looking for? Would you seek to knock off £8500 of the share of your pension? If so, this might not be representative as not all pension funds are equal.

Charles

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09 Jul 15 #463936 by Fed up Dad
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Hi Charles,
The problem is we are not comparing apples to apples.

Both my schemes are defined benefit yet only one of hers is - That is work £16k and the other two are defined contribution.

We agreed that the share she gets from mine would be offset against what I would have had from hers to save costs with implementing a pension sharing. As it stands, the charges will be borne by both of us and come from the funds themselves.

What niggles me is that I have a letter from him saying that is exactly what they are proposing to do. He must have ran it by her first. I have agreed to that arrangement but have asked for up to date CETV''s as what I have on her schemes is 12 months old. Not much difference I know but her IFA has recently had full scheme information from my providers with current values.

He has now decided to advise her to protect her own pension yet take 50% of mine. I contributed to my first pension (now deferred) for 10 years and 5 years membership was pre marriage. So she is benefitting from the 10 years worth.

I know for a fact that he is trying to find every opportunity to get me into a court as he knows I cannot afford a solicitor.

All I can do at this stage is disagree to his counter proposal. He has never been willing to give on any aspect of the divorce and this is why we are now 17 months on and still nowhere.

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