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DIY Pension Sharing and D81

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15 May 10 #203994 by maggie
Topic started by maggie
Prompted by AlistairS post:
You decide to sort out your finances including pension sharing, by agreement between yourselves, no application to the court for Ancillary Relief no Form A, no court involvement apart from submitting the Consent Order for judgely approval using D81 - then in D81 you find this Q:

"Has every person responsible for any pension arrangement been served with notice of the application and notice under Rule 2.70(7)(a) to (d) of the Family Proceedings Rules 1991?
Has any objection to an order under –
(i) section 23 of the Matrimonial Causes Act 1973 which includes provision by virtue of section 25B and section 25C of that Act; or
(ii) Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision by virtue of paragraphs 25 and 26 of Schedule 5 to that Act
– (as the case may be) been made by a Trustee or Manager within 21 days from the date when the notice of the application was served?"

That seems to mean you have to send each pension involved a copy of Form A - but if you're not applying to the court for Ancillary Relief - ie no Form A apart from for dismissal purposes - what do you send to the pension scheme in order to comply with notifying the pension scheme in advance of the likelihood of sharing so that the court can confirm there are no objections from the pension schemes without which it can't issue a Pension Sharing Order?

[All based on the premise that you don't have to apply to a court for Ancillary Relief in order to do pension sharing or attachment but can simply reach a voluntary agreement and submit it to a judge for approval in a Consent Order.]

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17 May 10 #204179 by maggie
Reply from maggie
Online Legal Services Limited is a Wikivorce partner drawing up Consent Orders for submission to court using D81 - can anyone from Online Legal Services Limited tell us how they deal with this D81 Q :
"Has every person responsible for any pension arrangement been served with notice of the application and notice under Rule 2.70(7)(a) to (d) of the Family Proceedings Rules 1991?"
What do OLSL send to court to comply with this requirement so that the Pension Sharing Order can be issued?

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