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Possibly an Attachment of Earning?

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  • Possibly an Attachment of Earning?

    My Decree Absolute came through in 2002. As part of the settlement I was awarded a lump sum from my ex-husbands private pension (through his employer) when he retired. It has now come to my knowledge that due to ill health he has taken early retirement. I am not sure if he has taken his pension early and have no way of finding this out.

    Due to house move I no longer have any paperwork only a copy of my Decree Absolute. My original solicitor is long since retired and the firm do not keep paperwork. I have tried the courts as I had the original court number on the documentation and they advise that it has been destroyed.

    Is there any way I can find out that I will get this money once he claims? Stupidly, I gave up all rights to my former home to get the divorce through.

    I do seem to recall them saying something about it being an attachment and being linked to our national insurance numbers. Could this be right? Is there any way to check this out?
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  • #2
    Hi Mixtermog,

    You really need a copy of the Order that was made dealing with the finances. The Court should be able to provide this even if the 'file' has been destroyed. If the Court where the order was made no longer has this on file then it may be necessary for you to apply to the Central Family Court

    You will need to complete a form requesting the copy order and there will be a charge I'm afraid which varies depending on which Court you need to apply to. This site may help you: https://www.gov.uk/copy-decree-absolute-final-order

    This link may also help but without the Order and pension sharing order it is doubtful they can give any information at this point, but could be worth contacting them for some pointers:- https://www.pensionsadvisoryservice....ension-sharing

    Can you recall if a pension sharing order was completed by the Court? If you have no luck then if the law firm is still in practice it may be worth contacting them again and asking how this can be dealt with but I would start with a copy of the order and contacting the Pensions Advisory Service.

    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Thank you Peridot for that extremely useful advice. Pensions Advisory Service were great help. I've now got through to the Trustees who advise that they don't have any documentation regarding the order and have asked me to provide that.

      Wouldn't the Order go via the Courts?

      I've emailed the local court and asked them to provide me with a copy of the order.

      Without you pointing me in the right direction I would have been going round in circles with these organisations.

      Comment


      • #4
        Hi again,
        That's good news, glad they helped. Usually the pension order is completed by the Court but hopefully once you have a copy of the Order things will become clearer.
        Here if you need us.
        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Originally posted by Peridot View Post
          Hi again,
          That's good news, glad they helped. Usually the pension order is completed by the Court but hopefully once you have a copy of the Order things will become clearer.
          Here if you need us.
          I've just had the following from the Courts

          "Good afternoon

          I have checked with our archives section and they no longer have the financial order from 2002 as the divorce files are destroyed after a number of years.

          Sorry, we cannot assist you further."


          Back in 2002 my ex husband would have had nearly 25 years to work before he could claim his pension. It is only now that he has taken early retirement due to health reasons that I believe he may be claiming his personal pension.

          Is there anywhere else I could obtain this from? My solicitors at the time say the no longer have the file of papers.

          I can't be the only person in the UK to get divorced and have to wait a good number of years for an order to kick in?

          Comment

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