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Pension sharing order amendment

  • LindenB
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05 Aug 22 #519770 by LindenB
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Hi. No matter how we did it, we made a major mistake in our pension sharing order and seek to rectify it. My ex has lived long term overseas since we separated many years ago but only more recently took the step to divorce. I have two pensions from two different providers, one of which is compliant with HMRC and the QROPS scheme and another which would get hit by a 40% charge. We did not realise and that taxable pension is the subject of the pension sharing order. That would be very unfair to my ex. We remain quite amicable by the way and there is no dispute about basic values etc.

However, we obtained the Decree Absolute three months ago and this has only recently come to light. The pension sharing has not been initated by my ex so the 4 month implimentation timeclock is not ticking.

My initial search implies that amendments or 'variation' of the order cannot normally be done after the decree absoute and in any case there is a time limit which is exceeded. Given that we don't seek to actually change the base value to my ex and nothing is contested and we simply wish to provide the same value but from the other pension is there any way to get that changed? In simple terms, change the referenced pension provider.

Any assistance would be much appreciated. We need all the help we can get. Thank you.

  • hadenoughnow
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06 Aug 22 #519773 by hadenoughnow
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I don't know if this old post may be useful.

divorce.wikivorce.com/advice/financial/p...haring-order?start=7

It looks like detriment may be a reason to ask for amendment but I am not sure if your situation is covered by that.

Did you have an actuary's report that suggested which was the best pension to share??

Hadenoughnow

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08 Aug 22 #519779 by LindenB
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Thanks. I'm not sure if it's covered either but I'll be looking into it just in case. There was no actuary report. We just got lost along the way and not realising the consequences made a bad choice.

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