Pension sharing order amendment

[LesB]

We are screwed. I think. But hope not. My ex wife and I remain quite amicable now we are divorced. It was agreed beforehand that there would be a pension sharing and the court has issued that consent order. Trouble is it now appears that due to incorrect advice we have selected a pension that will be subject to HMRC tax at something like 40%. This is because she now lives overseas and we need a QROPS compliant scheme and the selected pension does not appear to be that.

Given that my ex wife and I have agreed a pension share, is there any chance we could either get the consent order to reference a different pension ( I have two) but at the same numerical value or even apply for a new order? What happens if we choose not to comply with the order and try to make the share another way. I just hate the idea that my ex will now lose around 40% of what I was going to give her. This is a nightmare. Any help or advise very much appreciated.

Thanks.

[dslippy]

In principle you can keep a proper audit chain of correspondence and vary the order as between yourselves.
It is however a properly technical query and the answer depends upon areas of knowledge I have no access to so I think (unless someon epops up here) you need proper direct advice.
Plaudit for trying to do the right thing.

[LesB]

In principle you can keep a proper audit chain of correspondence and vary the order as between yourselves.
It is however a properly technical query and the answer depends upon areas of knowledge I have no access to so I think (unless someon epops up here) you need proper direct advice.
Plaudit for trying to do the right thing.

Thanks. I think you're right that I need proper advice. I just don't yet know where to find it.

In essence, my wife and I agreed a share. Through ignorance and poor advice we made a wrong choice with the pension and we should have agreed to share the other one I have as it is with a different provider and is compliant. However, we now have a consent order that will be totally unfair as most of the transfer credit will be taxed. Not the fair objective of any of us incuding the examining judge.

I need to get the order changed or find another way. I'm desperate for help. I could say it doesn't matter because it will only affect my ex but I'm not like that.

[atticus]

I suggest a good financial adviser.