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Army pension

  • lynnm
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09 Jun 09 #122847 by lynnm
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HBS not sure what court costs will be but will be asking on Thursday when i see my solicitor so will let you know.

Active8 my solicitor has put the figures as he thinks which are:-

Lump sum received on retirement £ 44,259
Annual Pension (13yrs@ £8,544) £111,072
Annual pension (15yrs@ £10,245) £153,675
Total £309,006

Dont think hes sure if its index linked do u know?

Thanks Lynn xx

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09 Jun 09 #122853 by asram
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HBS

Welcome to Wiki..As you can see there is lots of help and info for you.

With regard to a solicitor you need to go no further than Active8s last post to see if you can find a solicitor in your area that specialises in Pension.

With regard to Legal Aid, are you absolutely sure you arent entitled to it? I am in the process of applying for it and am currently waiting for the result, I work full-time.

Keep posted

Marsa

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09 Jun 09 #122863 by linblades
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Lynnm

I believe that the pension is index linked until it 'kicks in' - then it is static.

Active8 may be able to confirm if I am right or not.

linblades

  • Soldierbluenomore
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10 Jun 09 #123030 by Soldierbluenomore
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Army pensions are index linked from payment(ie 22yr point)
BUT payments remain static until the 55th birthday and then the index linking is added giving a jump in amount, it is then index linked every year to give an annual rise.
Hope this helps.
PS this is for other ranks, Commissioned Officers are different.

  • Active8
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11 Jun 09 #123217 by Active8
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lynnm,

The figures your solicitor has come up with don't mean a lot to me: its not a case of just adding up years of pension, its much more complicated than that (otherwise all the actuaries would be out of a job!!). There may be some logic behind the figures but without an explanation I can't comment.

What you need is the CEV, and a benefits statement from the Armed forces pension scheme, and with that you can get advice from an actuary if appropriate as to what it is worth in real pension terms. There's no point making up your own estimates, courts work from the CEV and any evidence you want to put has to be derived from the scheme info by an appropriately qualified expert.

HBS:
if you are self repping, the court fee is £210 and then a bit of work to get the paperwork filled in: legal costs are as much as you want to spend to get the necessary help.
If nothing else, you'll definitely then get the CEV because the court requires it.
If you have children and work part time are you sure you can't get Legal Aid? worth checking.
Going all the way through to a final hearing can be expensive in legal fees but most cases don't go all the way. Lots of people here have self-repped and will no doubt respond to you better than I can on that!

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13 Jun 09 #123765 by lynnm
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hi all just thought would update you on what happened at solicitor. I am know proceeding to take the matter to court as we seem to not be able to settle outwith it.

My solicitor has advised me that i am entitled to £18,600 Clean Break. But as ex is refusing this my solicitor has advised me to push for bigger settlement on grounds that I am still the sole carer of the children even though we have been seperated for 5yrs. His reasoning in this is that as a carer for the children i am still unable to build up a career.

I am lucky enough to be getting legal aid but my ex wont be and will have huge bills to pay as the whole court process can take 6mths i have been told. I have tried again today to reason with my ex and tell him the court costs while cost him a bomb he would be better to settle but he wont listen. At the end of the day i have nothing to loose by going to court he has and in my opinion he is taking a big risk on this so hell mend him if he doesnt like the outcome.

Lynn xx

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13 Jun 09 #123776 by maggie
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Bit wary of posting because it's a Scottish divorce but I can't understand why your solicitor is banging on about what income your ex will get from his pension instead of what you would get by sharing it - sounds a bit familiar though - my solicitor chased my ex for information on the amount of pension and death benefit lump sum he would get - with hindsight I think she thought 50% of the CETV would inevitably give me half of his pension at the date of divorce and half of any death benefit.It should have rung alarm bells - but I trusted her.
She saw no disconnection between the CETV and the pension income and no difference between 50% of his pension income calculated at the date of divorce and what I would get from a 50% share of the CETV.
In your position I'd ask my solicitor what percentage of the pension CETV I could get by sharing, what maximum income that would produce for me and at what age it would produce it - and whether and when I could take a 25% of CETV tax free lump sum from my share of the pension.
His/her eyes may swivel?

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