Hello

Hi my name is Chris,
My partner has finally received a report from an actuary which states her husband should transfer 37% of his pension to her. He is a financial advisor and has always insisted their pensions were of equal value despite her only working part time in a very low paid job.
Her concern now after two years with no money being paid from the joint house either he will find another way of disagreeing with this independent assessment. Have we got grounds for concern or is this the end of the line.
Any advice greatly appreciated.

Where are they in the divorce process?

Is there a court order that the pension be transferred?

Thanks for responding, Divorce put on hold due to pensions needing sorting out, his decision. No court order as both agreed to an actuary. However as it has gone the opposite way to what he said it would, we wonder if he has any more delays in mind ?

Why would he have?

Who is the applicant in the divorce?

Because he doesn’t want to hand over £70k in pension and 45k for her half of house. He has managed two years to hold on to this money so far.

He applied for divorce and tried to rush it through with no pension equality.

Hi, there cannot be a pension share without a court order. The court order to settle finances can only be made once a Decree Nisi is in place.

An actuary can only provide options. The options they provide will depend on how they were instructed. E.g. Are they looking a equality of pension capital or incomes on retirement or both? Have pensions accrued outside the marriage/cohabitation been included or excluded?

It is for the parties to agree (or a judge to decide) based on the actuary's calculations. How the pensions are actually dealt with depends on a range of factories. It is possible for example to offset equity against pension in order to have more cash to rehouse.

The divorce is separate from the financial settlement. It is usual to get the ball rolling on divorce then try to agree finances or apply to court if agreement cannot be reached.

Why don't you suggest your partner joins the site? The helpline can also give advice and point you to further assistance through our low cost fixed price services.

Hadenoughnow