Process and forms question

I am the respondent in my divorce. We are approaching Decree Nisi and we intend to pursue a Consent Order. We'll probably do this part ourselves (my wife has a solicitor, and I am self-representing at the moment), using the service advertised here.

I am fine on the consent order (I think) and on form D81. There are no children involved and the main areas to divide are the home and pensions.

Regarding pensions, I am not clear on how this happens. We are looking to split my pensions. In order for the split to happen, I believe a court order is required. There are 5 pensions involved.

I have two questions:

1. On the form D81, we are asked "Has every Trustee or Manager of any pension fund, insurance scheme or similar arrangement been served with notice of the application and notice under Rule 2.70 (4)(a)(b) and (c) of the Family Proceedings Rules 1991?"

I'd like to sure I understand the precise meaning of this. I assume this requires more than simply asking them for a CETV for divorce purposes.

2. Do I need to submit further forms to the court for each pension (so that the court can make separate orders), or does the consent order cover all of the pensions and is therefore sufficient on its own?

Thanks for any advice

I think
1] is about notifying the trustees /admin of any pension about to be shared/attached so that they can object.
Apparently the court can't make a pension sharing Order unless each pension scheme involved has been notified in advance and allowed time/given chance to object.
Once notified if no objection is received the court can issue the Pension Sharing Order to the pension scheme.
The usual/court based way is to send each pension scheme involved a copy of Form A - the Ancillary Relief claim form.

About 2]
Once you've agreed the % share and once the judge has endorsed it in your Consent Order,the court will need a completed Pension Sharing annex
www.hmcourts-service.gov.uk/courtfinder/forms/form_p1_1205.pdf
for each pension shared before it can issue a Pension Sharing Order.
As pension member you can ask each scheme to complete Form P the pension inquiry form - see HMCS website- for the information you're entitled to under the Pension Sharing Information Regulations including any charges for implementing pension sharing orders.

Thanks. I'm not sure I fully "get" it yet, but your answer indicates that there are a number of steps to go through.

I had been thinking that having the consent order endorsed would be enough, and that would provide all the authorisation required for the pension sharing to go ahead.

Now, it looks as if I have to demonstrate that all of the pensions are happy with the arrangements in the consent order (which makes sense), and that I also need to submit more documentation to the court after the consent order has been endorsed (or maybe at the same time as the consent order, or maybe after the Decree Absolute - I don't know).

Maybe I should be posting in the self representing forum.

Is there a guide to any of this here on the site - a step by step guide to the process and forms needed when using a consent order?

I thought I was starting to understand this stuff, but I think perhaps I don't at all

Also, from your answer above, it looks as if my wife will need to sumbit an Ancillary Relief claim form (which I hadn't realised). Does that have to be submitted before a consent order can be submitted?

As with anything to do with pensions - complicated innit?

Didn't go down the non-court route myself so no direct experience - I've posted a question about "DIY Pension Sharing" on this forum.
Here goes:
I believe that for a DIY AR settlement you don't have to apply for Ancillary Relief using Form A - what would be the point if you've agreed a settlement without court intervention?
If I'm wrong and you have to apply for AR using Form A even for a DIY settlement [can't really believe that] -
then you send a copy of Form A to each pension scheme and if after 21 days none of them objects - provided your spouse has completed a Pension Sharing Annex for each pension to be shared and sent that to court - after Decree Absolute is pronounced the court will issue Pension Sharing Orders according to the terms set out in the Consent Order.

If no Form A :
I know that under the regs the pension schemes must have time to object or be represented in court [ I've never heard of either happening] before a Pension Sharing Order can be issued.
I know that sending a copy of Form A is the usual court route means of notifying schemes in advance of intention to share or attach -
I don't know if there is some other means - eg a simple letter to and acknowledgement from the pension scheme - which will satisfy the court that the pension schemes have been properly notified and do not object.
I do know that pension schemes will stick rigidly to the regs if it's in their favour to do so.
Sorry if I'm overcomplicating things - the trustees of the pension I shared wriggled out of an undertaking on a "technicality" - makes you wary.

Might be worth posting on the DIY divorce forum to find direct experience.

You both have to sign the same D81?
Has your wife's solicitor offered her any advice on this point?

Thanks again.

On further research, it seems that some courts do want a Form A (marked "for dismissal purposes only" and therefore cheaper) and some don't. Yes, it's complicated!

I think that the pension sharing annexes do go in with the Conesnt Order (and will check whether they are included before I order mine).

I think I'll also contact the pensions directly. Some have supplied forms with the CETV and some haven't. At least they should be able to tell me what they need (hopefully). My wife's solicitor can also offer her some advice as to what she needs to do, I expect.

www.penfam.co.uk/guide/downloads/2003Div...ceWord_Version03.pdf

para 8 sets out the process.

Maggie, that's very kind of you.

Thank you very much!