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Army pension

  • maggie
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10 Jul 09 #130135 by maggie
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About Sgt Logan - it was a Scottish divorce, so different rules apply - at the date of Sgt Logan's financial negotiations he already had the full 22 year pension deal - but because his divorce was under Scottish law his pension could only be valued as it stood at the time of separation and using only the CETV - Scottish law allowed no other basis.
My understanding is that in England and Wales the pension is shared on the basis of a valuation of the pension as it stands at the time of negotiation for ancillary relief.
At the date of your pension sharing negotiations you hadn't completed 22 years service - but your pension was valued and shared as though you had already passed the 22 year service threshold?
I am no expert - it might be usual practice when negotiating sharing armed service pensions - but to me using a future valuation looks wrong.
If using a future valuation day is acceptable/legal at all - it would have at least been the subject of negotiation between the two sides - ie you would have been aware and had a say in it?
Have you got a copy of the actuary's report?
Does it give various valuations or only the one based on 22 years' service?
Is it clear from the report what the actuary was asked to do?
ie was the actuary - instructed only by her side? - asked only for a 22 year service valuation?

Peter@BDM will now leap in again and tell you how it all works??????

  • sir remealot
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13 Jul 09 #130769 by sir remealot
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I have had Peter look at it and it does make sense. I agree with it only the fact that it only considers me doing 22 yrs which is totally one sided.

The fact that she just kept disagreeing with everything once the actuary showed her figures of 200k plus. It was basically, I'm not signing divorce papers until I get what i want. My sol seemed to be friends with her solicitor, well they knew each other.Im 500 miles away, only saw my sol once in a court and she preceded to tell me that was the only way forward and the judge wouldn't look kindly on me not agreeing. I argued a lot with her, my sol. she never listened to my idea that if I give her everything Im skint. nothing! I felt as though there was no other way oither than go it alone in a FH which sounded very frightening to me. My ex always looked upset at all this and I didn't want to upset her anymore. Looking back it all seemed like emotional blackmail.

My sol said the report seems very good and the judge may apply a lot of weight to it. Only a barrister early on said it was very one sided, but that cost me 1200 pounds for one day. I saw him in court for 2 hours. So unless I had won the lottery I couldn't afford him again. 10k + spent and its all gone it seems.

I seem to have one way forward to regain anything. This seems all so one sided to me. I wish you could sit in front of someone other than two sols and argue it out with facts about money and finance. Someone who could tell you what the law is. when its applied and whats fair. They could force people to seperate properly. none of this game of poker lark where people bluff and double bluff, I'll see you in court, can you afford it business? Its ridiculous. Facts Facts Facts thats all it should be. Anyone else got an opinion on it?

  • jakeblues68
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13 Jul 09 #130866 by jakeblues68
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There is such things that could have helped, mediation is just one of those tools mate.

Hope you get sorted soon, it's not good to feel like you do and have to cope with our important role in the Forces.
This should be taken into consideration IMHO

Best of luck mate.

  • border_riever
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13 Jul 09 #130879 by border_riever
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I am in the forces and have gone past my 22 year point. I have agreed to do 30 years and do not see a round coin of that money until 2016.

Also , to help you (majority) of ladies out there do some sums, say my wife was married to me for 20 years out of my 30 years in the forces she would recieve 50% of only 20 years worth ...ie I would get 2/3 and she would get a 1/3 of the gratuity and the monthly payments.

And it is true I would get my money the day I left and you would have to wait until you are 65.....Sweet....

One thing you have to ask yourself, is do you deserve any money whatsoever... while you were in Asda your ex was probably fighting wars.....

  • didojane
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13 Jul 09 #130899 by didojane
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border_riever wrote:


One thing you have to ask yourself, is do you deserve any money whatsoever... while you were in Asda your ex was probably fighting wars.....


Hi

Yes I think I do deserve to share my s2bx pension for many reasons even though I went shopping in Asda when he went away .

Lets face it someone still had to do the shopping .

And anyhow I would not have wanted him to have been brought home on compassionate grounds due to us all starving to death

Not just that he liked to eat too and i dont think he would have been too happy if i didt go shopping .




I do however think that sir remealot case was extremely unfair for him xx


Dido xx

  • jakeblues68
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13 Jul 09 #130947 by jakeblues68
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border_riever wrote:

I am in the forces and have gone past my 22 year point. I have agreed to do 30 years and do not see a round coin of that money until 2016.

Also , to help you (majority) of ladies out there do some sums, say my wife was married to me for 20 years out of my 30 years in the forces she would recieve 50% of only 20 years worth ...ie I would get 2/3 and she would get a 1/3 of the gratuity and the monthly payments.

And it is true I would get my money the day I left and you would have to wait until you are 65.....Sweet....

One thing you have to ask yourself, is do you deserve any money whatsoever... while you were in Asda your ex was probably fighting wars.....


OMG Now you have done it.....don't get Dido started ;-) LoL

  • didojane
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13 Jul 09 #130961 by didojane
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jakeblues68 wrote:


OMG Now you have done it.....don't get Dido started ;-) LoL[/quote]


Hi ya Jake

Thank you Jake I am not that bad lol .:)


Dido xxx

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