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Separation agreement and PSO?

  • fairtradebananas
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22 May 19 #507686 by fairtradebananas
Topic started by fairtradebananas
My ex wife and I arranged a Separation Agreement, 5-ish years ago and subsequently divorced. In the separation agreement, we agreed a fixed amount of my pension which would go to hers, when we divorced. I agreed. She agreed. We still do. All good.

Now we're sorting out the transfer, the pension company are insisting we have a court order. The Pensions Advisory Service are also saying we need one.
4 questions
Why do we need one? We're both happy with the arrangements (it was a simple pension equalisation).
What was the point in being advised to include it in the separation agreement?
How do we get one, without using a costly solicitor?
Can it be a fixed amount rather than percentage (I've continued to pay in to my pot and it's continued to accrue interest)?

  • Rickoshea
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22 May 19 #507691 by Rickoshea
Reply from Rickoshea
Can't you use the service on the right to convert the Separation Agreement into a Consent Order?

www.wikivorce.com/divorce/Services/Consent-Order.html

Seems the cheapest and most obvious way to get it court ratified

  • rubytuesday
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24 May 19 #507709 by rubytuesday
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The pensions can not be shared unless there is a relevant court order in place. Your separation agreement is not a legally binding court order, and therefore a pension provider will not act on it and divide the pensions.

A consent order will reflect the agreement(s) you already have in place, and set out in your separation agreement.

A separation agreement can include future intentions regarding certain marital assets, such as pensions - it allows couples to set out thier agreement and to regulate thier finances while separated.

As Rickoshea has suggested, Wikivorce provide fixed fee consent orders from £259 - why not call the helpline on 01202805020 for a chat and more information?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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