Posted October 1st, 2010
This week I was contacted by a very concerned lady whose ex husband had not paid the implementation charge following their divorce and she wanted to know what she could do. Often, at settlement it will be agreed that 100% of the costs are paid by the other party and this will be seen as a small victory.
The implementation period will not start until all of the paperwork and the pension sharing order charges are paid. So it is important to get the charges paid as soon as possible to avoid delays. When you are relying on someone else to make payment this can be problematic.
The truth is that there is often very little that can be done as the costs of going back to court to enforce the pension sharing order can often be prohibitive. Inevitably, the only option is to pay the costs themselves.
So perhaps, prevention is the key. It is possible in some circumstances for the charges to borne from the cash equivalent transfer value. Alternatively, it might be appropriate to look to share the pension schemes which do not bear any charges. Yes, they do exist.
Here are some examples of the level of pension sharing costs involved:
UBS – £2,250 plus VAT
Police Pension Scheme- £400 plus VAT
Standard Life – £250
AVIVA – £0
With such amounts being charged and likelihood to rise in the future (see blog here) it is important to consider what the pension sharing order costs will be before agreeing the percentage split. Or deciding to pay these charges.
If this is something you would like further information on this please contact us.
Tags: AVIVA, Cash Equivalent Transfer Value, Costs, Court, Divorce, Ex husband, Implementation charge, Implementation Period, Pension Sharing, pension sharing order, Pension Sharing Order Charges, Pension Sharing Order Implementation Charges, Percentage Split, Police Pension Scheme, Settlement, Standard Life, UBS | Posted in Pension Sharing |
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Posted September 3rd, 2010
Once your pension sharing order or pension sharing annex is received by the trustees together with all of the additional documentation (see previous blog – http://bit.ly/azX9do) it is quite normal for the implementation period to start.
Given that it can take up to four months for implementation to be completed it is a good idea to get this started as soon as possible. In my experience, sharing orders either complete in the first month or the fourth!
But often the pension sharing order may be badly worded or incorrectly drafted and this often leads to it being immediately rejected by the pension scheme involved. They will issue a postponement of implementation notice summarising why the pension sharing annex has been rejected and what is required to amend it.
Recent examples of cases I have worked on where the order was rejected (before I got involved!) are:
- The title of the pension scheme was incorrectly stated (Part C- Form P).
- The trustees of the pension scheme were incorrectly stated (Part C – Form P).
- The former names section of the order was incomplete (Part B – Form P).
- The new pension arrangement is not stated (Part F&G – Form P)
Once advice is taken, it can often be a relatively straightforward matter to get the order amended but it does need to then go back to court to be restamped, which can add to the time delays.
If you are considering how to draft your pension sharing order or you require further assistance on a incorrectly drafted pension sharing order, please contact me on 0800 092 1229 or email advice@thedivorceifa.co.uk
Tags: Advice, Badly Worded, Court, Form P, Four Months, Implementation, Implementation Period, Incorrectly Drafted, Pension Arrangement, Pension Scheme, Pension Sharing Annex, pension sharing order, Pension Sharing Orders, Postponement of Implementation Notice, Rejected, Restamped, Trustees | Posted in Pension Sharing |
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