The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

limbo

  • Jamesblunt
  • Jamesblunt's Avatar Posted by
  • Junior Member
  • Junior Member
More
31 May 17 #492744 by Jamesblunt
Topic started by Jamesblunt
i am a retired police officer...some 16 months ago ex wife was granted 25% share in my police pension..the pension administrator reqd us to pay admin fee of £378 each...I have paid mine...ex wife hasn't...pension provider has written numerous times reminding her to pay and has only ever had 1 response saying her solicitors where dealing with it....the solicitors have been written to and they have advised her to pay admin fee......I have written to court and was initially told to pay a court fee to get guidance....I asked again and the letter I got back from the district judge was if one party doesn't abide by the financial order it is a matter for them...so 15 months down the line the pension administrators have returned the court order to the court as cancelled ....I continue to get a full pension....how do I stand re this...I have tried and tried to get the pension people to sort but they haven't been able to....I am unwilling to pay further monies out in fees etc to give my pension away.....legally how do I stand...will I have to pay back...the pension people have said they will tell court not to back date to date of original order as that has been cancelled....im in limbo

  • polar
  • polar's Avatar
  • Platinum Member
  • Platinum Member
More
31 May 17 #492755 by polar
Reply from polar
Easy solution would be for you just to put 25% of your pension into an isa or similar and if it does come back to bite you in the future then you hve made some interest on it.
The ball is not in your court and if someone doesn't suddenly claim then you win. By saving the 25% you protect yourself (from overspending lol!!!)

  • Jamesblunt
  • Jamesblunt's Avatar Posted by
  • Junior Member
  • Junior Member
More
31 May 17 #492757 by Jamesblunt
Reply from Jamesblunt
Would u just sit tight then and put money aside. The order has been cancelled and returned to court. Not payable for another 11 years but don't want her having claim on my assets. It was a Clean Break order

  • Luna Shadow
  • Luna Shadow's Avatar
  • Platinum Member
  • Platinum Member
More
31 May 17 #492758 by Luna Shadow
Reply from Luna Shadow
I'm slightly confused - is the pension in payment? (you say you continue to get a full pension, then that it's not payable for another 11 years).

If it's in payment then presumably the value of her 25% share will go down as time goes by, but if you are still working and accruing pension then it will go up in value. 25% in ten years would then be worth much more than it is today.

  • Jamesblunt
  • Jamesblunt's Avatar Posted by
  • Junior Member
  • Junior Member
More
31 May 17 #492760 by Jamesblunt
Reply from Jamesblunt
Yes I still get full pension as I am retired. The 25% she was awarded should be placed in a separate pension scheme for her and becomes payable when she is 60 in 11 years time. However because she hasn't paid admin fee nor communicated with pension administrators they hav returned the pension share order to court as not complied with hence why I get full amount

  • Luna Shadow
  • Luna Shadow's Avatar
  • Platinum Member
  • Platinum Member
More
31 May 17 #492764 by Luna Shadow
Reply from Luna Shadow
I thought that was the most likely explanation.

So she is not gaining anything by not complying with the court order.

I'd be tempted to just let things be. If she wants to resurrect it in the future she will have to apply to court again. In the meantime you have your full pension.

If she had got the pension share now then you would be in what is sometimes called the 'pension gap' in that you would immediately lose 25% but she would not gain pension. Sometimes orders are written to do a pension attachment first, then a pension share when she is old enough to benefit.

I can't see you need to save 25% of your pension in order to give it to her eventually as she would not have got that money if she had followed through with the original order.

  • Jamesblunt
  • Jamesblunt's Avatar Posted by
  • Junior Member
  • Junior Member
More
31 May 17 #492767 by Jamesblunt
Reply from Jamesblunt
But that money would be taken off me now and invested for her so she could claim a pension at aged 60 in 11 years time. So u say sit tight and see what happens. The court nor pension provider are doing any thing else to enforce order so it has been cancelled

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.