Form E!!! Missing Attachments

I filed my form E 2 weeks ago complete with up-to-date payslips, bank statements, pension details etc. However, my stbx in his form only provided statements up to Feb 2010 and no CETV for his final salary pension (in payment). How will this be dealt with at the FA

In your Questionnaire ask for the missing documents to be provided. If his pension is in payment then you need to be asking for a CEB (Cash equivalent benefit) for it.

You should write to him stright away pointing out that he has not attached the documents as required and asking him to forward these to you straight away -it's possible (not likely, perhaos, but possible!) that he missed them off by mistake!

The next thing you will be doing to prepare for your 1st appointment is to prepare your case summary & statement of Issues and your questionnaire.

You need to ask for ther missing documents in your questionnaire. I would d this with each as a separate quetions:e.g.

"Q1 - Please provide Pension details and CETV as required by Form E.

Q2 - The Husband has provioded bank statements for the period to Feb 2010 only, Please provide copies of all statements to date as required by Form E"

In your statement of Issues you can make it clear that you don't have sufficient information by adding a rider to the statement saying you reserve the right to add further points once full disclosure has been provided and, on your Form G you can state tahat you will not be in a position to use the 1st app as an FDR because the Husband has not providedfull disclosure.

All that said, be aware that splitting a pension which is already in payment is generally much more expensive than soplitting one which is not, and depending on the value of the pension, and the over all financial position, it may be more appropriate to see the pension as an income stream rather than s a pension to be split.

It is also always appropriate to consider how relevant the missing documents are: for instance, while he should of course have provided a CETV, if the pension is very small, then it may make no significant difference to the outcome, so while it is appropriate to request it, it may not be worth delaying an FDR while you wait for it, for instance.

Thanks, solicitor has given 14 days to produce CETV (requested months ago). We believe the value to be considerable whereas my pension v small + state.

Have now heard from my Solicitor that STBX is not going to provide a CETV - does he not have to make 'full disclosure'? Also they have suggested changing FDA to FDR. He has declared the amount of pension he receives and his earnings. Apart from time and cost saving will this be advantageous to me, given that we do not have the pension value.

Bit baffling that......
Does your solicitor mean s/he's asked for a CEB - Cash Equivalent Benefit [or maybe an independent actuarial valuation] - rather than a CETV - because CEB is the correct term for a pension scheme's valuation of a pension in payment? ie your solicitor may have researched sharing a pension in payment?????

I believe that if you want to share his pension income - ie take part of the pension into your name so that it's paid directly to you - that must be done by a court order based on a pension sharing annex/application which tells the pension scheme what percentage of its own valuation/CEB to deduct from his pension and allocate to you.
Without a CEB valuation of some sort the court can't order the pension to be shared between you - under the regulations the court isn't allowed to order the pension scheme to pay you eg £10k a year - the pension sharing order has to be expressed as a % of the scheme's own valuation.

I would resist allowing the FA to become FA/FDR without a pension valuation - has your solicitor discussed pension sharing with you?

Hi,

I agree with the comments made above.

It is vital that the correct valuation method is used. Most schemes charge for a CEB but don't let this put you off (although this may be why it is delayed!). If a CETV arrives shout.

Once the valuation is received you can evaluate whether it is a fair and begin to review your options against your objectives.

Not sure what he hopes to achieve by not giving full disclosure.

Regards

Phil