pension sharing orders query...

[jax50]

My ex and I got divorced 10 years ago, and the assets and liabilities divided up between us amicably...

since then i have retired (early) and my ex has also taken her own early retirement option and we both receive our own workplace pensions...

There was nothing within the divorce process that covered pension sharing, as we both had our own although i don't know if they were equal in value or not, and tbh I had no thought to 'raid' her pension scheme.....but now I have had a query from my ex about my ex works pension...which is worrying me.

Is there is time limit when an application for pension sharing has to be made or is it open ended ? After 10 years I would have thought it might be a bit late to be asking about this, but I don't know..

[Kati]

Re: pension sharing orders query...

SEE HERE

The procedures for pension sharing are specified by subordinate legislation through regulations and are similar to those of earmarking. When the court makes a pension sharing order it must send to the member with the pension rights within 7 days of granting the order or 7 days after the decree nisi in divorce or decree of nullity. On receiving notification of a pension sharing order the member of the pension arrangement must within 7 days request the initial valuation and information from the pension provider.

While I am not well versed in the ins and outs of Pension Sharing ... it sounds (to me) like your ex will not be able to make an application after so long. The way I read it. a Pension Sharing order would have to be issued at the time of the decree nisi and then actioned after the decree absolute. If it was not dealt with at the time of your divorce, she should have no chance of getting anything now.

K x

[jax50]

Re: pension sharing orders query...

SEE HERE


While I am not well versed in the ins and outs of Pension Sharing ... it sounds (to me) like your ex will not be able to make an application after so long. The way I read it. a Pension Sharing order would have to be issued at the time of the decree nisi and then actioned after the decree absolute. If it was not dealt with at the time of your divorce, she should have no chance of getting anything now.

K x

Thanks Kati, It seems that in the absence of an application during the divorce process that an assumption has been made that no application is to be made. I certainly did not receive anything at the time, I would have remembered, as I would have had to act upon it.

[MIKE770]

Re: pension sharing orders query...

Back in the late 80s a paper was brought forward in respect of the two parties stating it is agreed that no claim in the future will me made in respect of either party as to any claim of the assets of either party which we signed after splitting monies during divorce proceedings.

[Kati]

Re: pension sharing orders query...

Thanks Kati, It seems that in the absence of an application during the divorce process that an assumption has been made that no application is to be made. I certainly did not receive anything at the time, I would have remembered, as I would have had to act upon it.

Glad I could help

K x