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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I was divorced and in the settlement I was given 1p per year

Customer Question

I was divorced and in the settlement I was given 1p per year maintance and 2 AVC that my ex husband was paying into he has now retired and I asked about the AVC and was told by him that his solicitor has told him that it is not applicable as it is on a legal signed document which was dealt with by Bow County Court can you tell me is this correct
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you.
Do you have a copy of the order - if so what is the wording in respect of these Pensions
Claire
Customer: replied 3 years ago.

I do have a copy but it is in storage at the moment as we are moving I can find it but it could take a couple of days the only thing that I remember is that the Judge wanted to make the order for 1p so that it left the window open if I needed to go back for support and the 2 AVC were suggested so that I would not then take any of his pension I will try to find the document.

Expert:  Clare replied 3 years ago.
Hi
That's fine - just add the details when you can
Claire
Customer: replied 3 years ago.
Relist: I still need help.
I was divorced ion 23rd February 1995 and a court order was issued at Bow County Court in front of a Deputy District Judge Naqvi
The first part of the order was to do with the property which my ex husband and I owned together and the order has been followed in that respect it is the second apart of the order which I am having problems with.

The Judge ordered that
3. The Petitioner do transfer an endowment policy held with Midland Life Ltd policy no. R81235901R within 28 days from the date of this order.

4. The Petitioner will continue to make payments to his additional voluntary contributions pension with the National Provident Institution pension policy no. Vo5645/A at the rate of £27 per month. The Petitioner shall within 28 days from the date of this order make such provisions as required to effect the policy into the Respondents sole name.

It would seem that he never did this.
He retired in March and I managed to speak to him in May and asked about the above and he told me that the court order was not worth the paper that it was written on and I was getting nothing from him.

Should I take this matter back to Bow County Court or is he right and it is not worth anything.
Customer: replied 3 years ago.

I was divorced ion 23rd February 1995 and a court order was issued at Bow County Court in front of a Deputy District Judge Naqvi
The first part of the order was to do with the property which my ex husband and I owned together and the order has been followed in that respect it is the second apart of the order which I am having problems with.

The Judge ordered that
3. The Petitioner do transfer an endowment policy held with Midland Life Ltd policy no. R81235901R within 28 days from the date of this order.

4. The Petitioner will continue to make payments to his additional voluntary contributions pension with the National Provident Institution pension policy no. Vo5645/A at the rate of £27 per month. The Petitioner shall within 28 days from the date of this order make such provisions as required to effect the policy into the Respondents sole name.

It would seem that he never did this.
He retired in March and I managed to speak to him in May and asked about the above and he told me that the court order was not worth the paper that it was written on and I was getting nothing from him.

Should I take this matter back to Bow County Court or is he right and it is not worth anything.
Edit

Customer: replied 3 years ago.
Relist: Other.
I did not have all the facts at the time the expert picked up the question now I do and I would like and answer so that I know whether to take this back to court or not.
Expert:  Clare replied 3 years ago.
Hi
Your husband is not right at all and the order can be enforced even now.
You need to apply to the court on a Form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
paying the fee of £90.
You are asking for the Benefit of the policy to be transferred to you - and for your ex t opay you any arrears.
Send a copy of the original order at the same time
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

Should I apply to take it back to Bow County Court for the money from the Added Voluntary Contribution to be paid to me or is this what I am doing by submitting the form D11

Expert:  Clare replied 3 years ago.
Hi
Yes that is what you are doing - asking for the pension money to be paid to you together with any monies he has received to date from this pension
Claire

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