The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Form E!!! Missing Attachments

  • CommonBlue
  • CommonBlue's Avatar Posted by
  • Senior Member
  • Senior Member
More
29 Jul 10 #216823 by CommonBlue
Reply from CommonBlue
Thank you.
We are going for a pension sharing order

  • maggie
  • maggie's Avatar
  • Platinum Member
  • Platinum Member
More
29 Jul 10 #216829 by maggie
Reply from maggie
How much pension does he get per month or year CB?

Will the pension scheme rules allow you to take your 50% share into payment as soon as the sharing order is implemented?

  • The Divorce IFA
  • The Divorce IFA's Avatar
  • Platinum Member
  • Platinum Member
More
30 Jul 10 #216847 by The Divorce IFA
Reply from The Divorce IFA
Hi,

It is never an exact science trying to estimate the value using current annuity rates. The trustees of his scheme will use their own assumptions to arrive at the valuation.

However, it gives you an idea that the value of the pension will be significant (it may be higher than the estimate) and therefore, it is worth investing time and money in getting the next step right.

That step is what to do with your 50% share.

It can be implemented in a number of ways and different schemes offer different options. You may have an internal option to become a member (in your own right) of the existing scheme or the trustees may insist that you transfer out to an external scheme of your own choosing.

Each option will have its pros and cons. A thorough appraisal of the internal and external options based on your future goals and objectives will enable you to make an informed choice.

If you need any further assistance, please post again or feel free to send me a PM.

Regards

Phil

  • maggie
  • maggie's Avatar
  • Platinum Member
  • Platinum Member
More
30 Jul 10 #216851 by maggie
Reply from maggie
Just trying to figure out how this will work - no CEB so the solicitor does an annuity based estimate of the pension pot.Will a judge work on that basis - without any evidence from the pension scheme? How will the fairness/parameters etc be assessed?
If the pension share without a CEB gets past the judge - the cash amount transferred into your name will be pot luck ?
What if it's much less than £150k?
Your solicitor will complete the pension sharing annex
www.hmcourts-service.gov.uk/courtfinder/forms/form_p1_1205.pdf
asking the court to order the pension scheme to transfer 50% of the fund to the ex-spouse - to be able to implement the order will the pension scheme then calculate the CEB for free?

  • maggie
  • maggie's Avatar
  • Platinum Member
  • Platinum Member
More
30 Jul 10 #216862 by maggie
Reply from maggie
Sorry CB for rocking the boat - your solicitor's approach is fascinating and attractively simple but I wonder if it will work and if so will it work in your favour and give you half the income?
Has your solicitor told you what the deal will be if you become a pension credit member in this particular scheme?

  • CommonBlue
  • CommonBlue's Avatar Posted by
  • Senior Member
  • Senior Member
More
30 Jul 10 #216908 by CommonBlue
Reply from CommonBlue
Thanks for all the help.

  • maggie
  • maggie's Avatar
  • Platinum Member
  • Platinum Member
More
30 Jul 10 #216921 by maggie
Reply from maggie
ICI scheme/trust rules are online
www.icipensionfund.org.uk/key_docs/
There's a reference to pension sharing in the Trust Deed but I can't find the actual rules.
There's a contact email - www.icipensionfund.org.uk/
might be worth explaining your problems to the contact there?

As spouse of a member you can't request a valuation but I was sent a copy of the scheme rules for pension sharing by the pension admin office.
It would be unusual to be allowed to keep a share/pension credit in the defined benefit section of a private company scheme.

Has your solicitor considered asking the court to order a valuation?

Just found the pension sharing rules - tacked on to Part 5
www.icipensionfund.org.uk/key_docs/docum...utive_1996-part5.pdf
Section 3 Page 264
3. METHOD OF DISCHARGING PENSION CREDITS
3.1 On receipt of a Pension Sharing Order in relation to a Member and subject to the issue by the Trustees of a Notice of Implementation the Trustees wil calculate a Pension Debit and the corresponding Pension Credit in respect of the Member concerned and will discharge their liabilty for Pension Credit for and in respect of the Ex-Spouse:
3.1.1 by paying the amount of the Pension Credit to a Qualifying Arrangement with the
consent of the Ex-Spouse (the "External Transfer Option") or where such consent
is not obtained;
3.1.2 by paying the amount of the Pension Credit to a- Qualifying Arrangement without
the consent of the Ex-Spouse (the "Default Option")."
Looks from that as though you'll have to transfer out - worth preparing now - considering what you can do with your share. That's when the fun really starts.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.