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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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 in 2006, at the time I was a serving police

Resolved Question:

I was divorced in 2006, at the time I was a serving police officer and an order was made that i would pay my wife 50% of my pension. I have since retired in 2012 and drawn my reduced police pension.
At the time the court order was made to pay 50% of my pension no consideration was made of the pensions my ex wife has in her name, one with sainsburys and one with her current employer the NHS. Would i be able to revisit this and have the 50% reduced?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was the Order made by Consent or after a Full Court hearing.
Did your ex conceal her pensions at that time?
Clare
Customer: replied 2 years ago.

The order was made at a court in front of a judge, i spoke on the telephone to the judge as work commitments stopped me from attending. I donot believe my ex was asked about her pensions.

Expert:  Clare replied 2 years ago.
Hi
On the paperwork which was submitted to the court - the Statement of information for a Consent order - were they listed?
Clare
Customer: replied 2 years ago.


No

Customer: replied 2 years ago.

I replied stating that the pensions were not listed

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Do you have a copy of that form and are you certain that there were pensions in existence at that time.
If so were you also aware of them at the time?
Clare
Customer: replied 2 years ago.

I do not have a copy of the form,


 


i know that pensions were in existence as she had worked for Sainburys for 18 years and was and still is employed by the NHS which has a staff pension scheme.


 


I did not have any legal representation at the hearing.

Expert:  Clare replied 2 years ago.
Hi
Ok - that is helpful.
can we work through what actually happened.
Your ex was represented - was a Consent Order drawn up by her solicitors and sent to the court?
If so what had been done about exchanging details of the financial assets before then?
Clare
Customer: replied 2 years ago.

yes a consent order was drawn up by her solicitor and sent to the court we had agreed financial assets such as house sale etc prior to that the only issue at court was the pension sharing order.

Expert:  Clare replied 2 years ago.
Hi
What was the issue about it and had you asked about her pensions?
Clare
Customer: replied 2 years ago.

The issue was about how much the sharing order was to be she wanted 50% and i wanted a lower figure, the judge made a decision that she would get 50%, so we are back to my original question, can this be revisited now to have the decision reversed or reduced?

Expert:  Clare replied 2 years ago.
Hi
If you can show that she withheld information then that is indeed a ground to reopen the Consent order - in fact it is almost the only grounds on which a Consent Order CAN be reopened
The issue will be whether or not you can prove that she withheld the information so you must contact the court and get a Copy of the Statement of information for a Consent Order to check whether or not she did actually disclose the details.
If not then the other hurdle is to explain why you did not question that at the time - but the fact that you were not legally advised may help there
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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