A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

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.


Pension sharing order amendment

  • LindenB
  • LindenB's Avatar Posted by
  • New Member
  • New Member
More
05 Aug 22 #519770 by LindenB
Topic started by LindenB
Hi. No matter how we did it, we made a major mistake in our pension sharing order and seek to rectify it. My ex has lived long term overseas since we separated many years ago but only more recently took the step to divorce. I have two pensions from two different providers, one of which is compliant with HMRC and the QROPS scheme and another which would get hit by a 40% charge. We did not realise and that taxable pension is the subject of the pension sharing order. That would be very unfair to my ex. We remain quite amicable by the way and there is no dispute about basic values etc.

However, we obtained the Decree Absolute three months ago and this has only recently come to light. The pension sharing has not been initated by my ex so the 4 month implimentation timeclock is not ticking.

My initial search implies that amendments or 'variation' of the order cannot normally be done after the decree absoute and in any case there is a time limit which is exceeded. Given that we don't seek to actually change the base value to my ex and nothing is contested and we simply wish to provide the same value but from the other pension is there any way to get that changed? In simple terms, change the referenced pension provider.

Any assistance would be much appreciated. We need all the help we can get. Thank you.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
06 Aug 22 #519773 by hadenoughnow
Reply from hadenoughnow
I don't know if this old post may be useful.

divorce.wikivorce.com/advice/financial/p...haring-order?start=7

It looks like detriment may be a reason to ask for amendment but I am not sure if your situation is covered by that.

Did you have an actuary's report that suggested which was the best pension to share??

Hadenoughnow

  • LindenB
  • LindenB's Avatar Posted by
  • New Member
  • New Member
More
08 Aug 22 #519779 by LindenB
Reply from LindenB
Thanks. I'm not sure if it's covered either but I'll be looking into it just in case. There was no actuary report. We just got lost along the way and not realising the consequences made a bad choice.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11