Posted March 1st, 2013
You can’t get divorced unless you get married. Aside from stating the obvious, I’m underlining the point that these days marriage seems little more than a precursor to divorce. It was only within the last week that I heard an acquaintance remark about how much more fun his divorce is compared to his marriage.
Granted, there is maybe a little relief when it all becomes absolute, but this rising trend that divorce is the main course after the entre of marriage is eroding at society. That sounds sweeping, but marriage just doesn’t seem to mean what it used to.
For better or worse is a redundant term as couples seem to run to divorce solicitors at the merest hint that they have actually married another human being just as flawed as they are. For better or slightly worse than better may be more apt.
When nothing but divorce will do though and there is no salvaging the wreckage of supposed wedded harmony, the last thing you need on top of the stress are spiralling costs and poor quality representation:
BBC News – Rising costs add to divorce woe, says Legal Ombudsman
Marriage should be more – much more than an exercise in saving for divorce. Divorce costs are starting to rival what you’ll spend on a wedding day; and it looks like there are some unscrupulous solicitors looking to capitalise on clients engaged in an acrimonious divorce. That’s abuse, whichever way you cut it up. That is praying on the vulnerable and taking advantage of their state of mind.
A common and highly justifiable complaint by clients and consumers in the financial services industry is that charges are not transparent and clear. The Retail Distribution Review was set up to combat that issue (although it’s clear that there are many providers and platforms that are quite happy to work around that and leave clients still scratching their head when it comes to exactly what they are paying!) and I would say it’s time that something similar was brought in to weed out the more unscrupulous solicitors that just want your money.
If you’re not happy with your legal representation and feel they are not acting in your best interests, then please get in touch by phone on 01204 663904 or by email – firstname.lastname@example.org. I can recommend excellent law firms that will act with your best interests at heart.
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Posted November 20th, 2012
…..and that figure is unnervingly low. There are nearly twice as many women over 50 without a pension when compared with men over 50.
It seems clear then, that many women are not even asking the question upon agreeing a divorce settlement. It is more important now than ever before that the question of sufficiency in retirement is tabled during in settlement talks. It is just as relevant as child care and the split of matrimonial assets.
It’s pretty straight forward. If you have sacrificed a career to raise children, or even settled in a job just to help make ends meet within the marriage, there is a fair question of income equalisation after retirement that needs to be asked and answered.
I am an IFA with expertise in the field of Pensions on Divorce. If you are going through a divorce and need advice, or if the issue has never been raised for you and you feel that this is something that you would like to talk about then please get in touch:
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Posted September 17th, 2012
The role of solicitors and mediators during divorce is well documented and shouldn’t be taken lightly or underestimated as many self representing clients find out to their cost.
However, aside from wrangling over custody arrangements, would you leave it to either professional party to value your house during a split of assets?
No? So why is it that little or no heed is often taken in divorce proceedings with regards to the pensions?
As I stated in the above article, there are many solicitors that I work with that do have the necessary skill set to enable you to achieve a fair outcome, often calling in the necessary professionals to assist with their advice.
I have recently been contacted by two claim companies and an independent solicitor looking at past settlements and wanting referrals from me for potential claims they can investigate. They are investigating whether the true value of the pensions has been ignored, overlooked or misunderstood as part of the overall settlement.
This is no coincidence and perhaps a sign of the times but 12 years after the legislation was passed bringing pension sharing into force I am still seeing big mistakes being made.
To avoid having to go through this with your pension sharing case then please get in touch now on 01204 663904.
Posted August 27th, 2012
Question : Why is it that a pension share can be applied to a pension in the pension protection fund but not to one in the
financial assistance scheme.
Answer : Unfortunately despite lobbying by Resolution, the financial assistance scheme remains unable to deal with compensation pension sharing orders, unlike the pension protection fund.
Therefore, if you are affected by a scheme in this situation you will be unable to use it for the purposes of pension sharing.
It will be essential therefore to look at how to divide your pensions via a different method.
Posted August 25th, 2012
Question: My husband is in receipt of a war disability pension. Is it possible to have a pension order placed against it?
Answer : Unfortunately you are not able to have a pension sharing order or an attachment order applied against the War Disability Pension. However, there will be main army pension benefits payable and it is possible to have a pension sharing order placed against these benefits. Given the extra income payable via the war disability pension, then with sensible discussion would it be possible to increase the pension sharing order under the main army scheme benefits.
In addition I see no reason why this would not count towards maintenance and a periodic payments order may be made.
Posted August 21st, 2012
Question: The pension provider is refusing to implement the Pension Sharing Order without the signature of my ex spouse. Ours was an acrimonious divorce and he is extremely unlikely to comply with this request. What can I do?
Answer: Often Pension providers have a number of requirements to be completed by both parties, including the court documentation and other such requests, such as signing an indemnity by the ex spouse.
If it is not possible to do this then I would remind the Trustees of their obligations under the Court Order/Pension Sharing order and that it is their responsibility to implement the order in a timely manner. If they do not do so, threaten to report them to the Pension Regulator. This usually has the desired effect and hopefully your Order will be implemented promptly.
Posted August 16th, 2012
I was recently contacted by a client who had not implemented their Pension Sharing Order since 2003.
Not only was this a breach of the original order, there were a number of consequences that had occurred since the order was made. These were:
- The Cash Equivalent (CE) was recalculated at £213000 rather than the original £280000.
- Therefore my clients share of the CE was considerably lower, by £67000.
- The reason for this was that her husband had drawn benefits and as a consequence of this she was unable to take any lump sum from the pension.
- As the order was over 7 years old she had no recourse to go back to her solicitor for redress.
Therefore if you have a pension sharing order and are looking to implement it, my advice is to do so immediately. In the case of my client she has lost out on £67000 of CE and 25% pension commencement lump sum of the higher share figure £280000 / 50% (c.£.35,000)
Don’t let this happen to you please get in touch today!
Posted December 27th, 2011
I have recently contacted by a UK national living in the US and divorcing in the USA. She wanted to return to the UK and implement a pension sharing order that the US court had applied against her husband’s UK pension and second state pension.
It is not possible for a UK pension scheme to implement an order made in a non UK court. Therefore it is often perceived that overseas divorces mean that a UK asset, such as a pension, cannot be subject to a pension sharing order.
However, in the Matrimonial and Family Proceedings Act 1984 (Part 3) there is a provision for a court order in the UK to be made on the back of a foreign divorce.
This can be done relatively easily where there is consent, although not impossible to obtain one without consent.
The key is to ensure that the foreign court is aware of the UK’s stance on foreign court orders, and to ensure that the Part 3 regulations are followed in accordance with the foreign divorce to ensure that the UK asset is dealt with appropriately.
So if you are divorcing abroad and it involves a UK asset and you are returning to the UK, why not get in touch and see if we can help with your pension sharing order. We have experience of working with clients moving back from all over the world including USA, Singapore, Australia, Canada and Europe. Call us now on 0800 0921229 or email email@example.com