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How much does a variation cost?

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20 Oct 13 #410761 by butterfly crossing
Topic started by butterfly crossing
Hi

Does anybody know how much it cost to apply to vary a pension sharing order please?

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20 Oct 13 #410767 by dukey
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Are you sure your trying to vary a pension sharing order?, because once shared you can''t, or is it implementation?.

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20 Oct 13 #410769 by butterfly crossing
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Has not come into force yet as Decree Absolute has not been applied for/ granted, and when decision was made Judge was under the impression stbx would be paying tens of thousands of pounds more for sale of property/ debts than he actually is going to be.

Hence why needing to make application urgently.

If that makes sense.

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20 Oct 13 #410776 by dukey
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Is this an order by consent or a judgement?, how old is it?, when did new evidence come to light?, is it real evidence or just what you suspect will happen?, what proof do you have?, why will varying pension share help?, when does the pension mature?.

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20 Oct 13 #410778 by butterfly crossing
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Hi Dukey, it is a judgement, ( Judge decided) made begining of August this year.

New evidence came to light last week, and it is evidence, as has come from solicitor selling house, and second charge company on that property by way of paperwork and phone call.

Varying pension share may help me as I was not allowed any of the lump sum part of the pension as this would pay off the outstanding debt, and calculation was done by his solicitor, adding in what they thought would be outstanding debt. Judge used his solicitors calculation.

No actuary was every done by me, but I have a text to say it was done by his side, but never presented to the court, in fact Judge thought no actuary report had every been done, and I could not prove otherwise at the time.

stbx can claim his pension from next year I have to wait another 10 - 20 years, no calculation was done for this of=r the fact that I am a women, so life expectancy is greater - mind you stress of this and self rep may kill me off quicker ;)

Just trying to work out if it is worth it.

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20 Oct 13 #410793 by dukey
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So in short he is to use the lump some to clear debt?, the debt was perhaps inflated, it now seems the burden will be less allowing him the surplus, is this the crux of it?.

Let''s say it is, you''ve already run out of time to appeal, so you would need to ask if you can given new evidence, it''s a hurdle itself.

Say you jump the first, the next is to prove on paper this lightened debt burden should mean a change in the division of lump sum, much depends on the size of the draw down and how much less he now needs to pay to clear the debt?.

Remember appeals can lead to costs being paid, it''s a winner takes all often, unless you are both LIP.

If you can afford it you should speak to a lawyer versed in appeals before taking the next step, or call the wiki line if money is tight, but even then a judge will want a transcript of the FH, this alone is expensive, though some have requested it and got one free, won''t happen with you though as it''ll still be in tape form.

Think numbers, what will he save from the lump sum, does the order say the lump sum is to be exclusively used to clear debt, any which way your going to need someone to read the judgement before you decide which way to jump even assuming the numbers make sence.

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20 Oct 13 #410824 by butterfly crossing
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Thanks for your help and advice in this matter Dukey

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