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Can a judge overturn pension agreement?

  • Pam123
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13 Nov 21 #518124 by Pam123
Topic started by Pam123
Hi there
i am advancing in years as is my husband and we are thinking of going our separate ways.
he loves our house and i dont want to force a sale, and he still has a pension fund in a ssas of which he has already taken a lump sum.

He would like me to take the remainder of the fund instead of the house...which i would like , as i dont want him to lose the house he loves so much. (We do love each other , but cant live with each other very well!)

I understand that the fund would have to be paid into a pension for me, and luckily i have enough put by to buy a little place for myself just about, so that should be okay.
if we do this as part of a divorce proceeding...do we agree it first on some sort of legal instrument , and if we do can a judge overturn it ? (Not sure how all this works really)

Thanks ever so much for any help

  • WYSPECIAL
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13 Nov 21 #518127 by WYSPECIAL
Reply from WYSPECIAL
Judge will need to approve it in order for a pension transfer to take place.

You’re settlement will have to look fair to both sides to get approved.

I’m not sure what you mean when you say the pension is in a sass?

Remember everything is in the pot not just the house and pension.

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14 Nov 21 #518128 by Pam123
Reply from Pam123
Thanks for the answer. A ssas is a type of self administered pension scheme.

Your reply is as i feared, we are happy with that arrangement, but if a judge overturns or amends, it will ruin both our plans and at 80 we dare not take the risk

Hey ho, time to think again it looks like.
Thanks

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