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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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My wife remarried 3 months after our divorce, Am i able to

Customer Question

My wife remarried 3 months after our divorce, Am i able to reclaim my Army Pension back
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.
What order was made in respect of the Pension?
What had she said about her future plans at the time the finances were dealt with?
Clare
Customer: replied 2 years ago.

It was a pension sharing order where she receives 36% of my pension on a monthly basis. Also she never declared she was in a relationship at the time and intended in getting married as soon as the divorce was sorted out.

Expert:  Clare replied 2 years ago.
Hi
Was this an Order made by Consent or decided by a Judge?
How were any other assets divided between you?
Clare
Customer: replied 2 years ago.

It was a court order by a judge. My ex also received 50% of my gratuity that I got from the Army. There were no other assets.

Expert:  Clare replied 2 years ago.
Hi
Was your ex cohabiting at the time the Order was made, if not were any questions asked about he future plans?
Clare
Customer: replied 2 years ago.

She was cohabiting at the time but I am unable to prove it. There were no questions raised about her future.

Expert:  Clare replied 2 years ago.
Hi
How long were you and your ex living together?
What questions were asked of your ex about her future plans?
Clare
Customer: replied 2 years ago.

we were married nearly 16 years, Nothing was asked of her future plans, She did not say she was with anyone else or planning to get married. She was also the one who walked out of the marital home.

Expert:  Clare replied 2 years ago.
Hi
When the Judge explained why he or she had decided on this option what did they say about her future plans?
Clare
Customer: replied 2 years ago.

purely the fact of the amount of time we were together and the majority of the time I had financially supported her even thou there was no reason why she could not work (Lazy)

Expert:  Clare replied 2 years ago.
Hi
What was the exact wording of the Order regarding the pension
Clare
Customer: replied 2 years ago.

I could not tell you that at this moment in time as I am away working in Afghanistan and do not have my papers with me.

Expert:  Clare replied 2 years ago.
Hi
Without seeing the exact wording I cannot be certain
You can certainly appeal the Order on the basis of the marriage so soon after the Order was made - but I suspect that the application will be futile
It appears that the Order was made to divide the only matrimonial assets between you - and the Judge must have had in mind the possibility of your ex moving on
However if you do wish to reopen the matter then you make an application to vary using a form D11
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Good Morning Clare,


 


Please find below the exact wording from the divorce paper.


 



2. There be provision by way of pension sharing in favour of the Petitioner in respect of the Respondent's rights under his pension arrangement with Armed Forces Pension Scheme in accordance with the annex to this order it having been agreed between the parties that in the event of the Respondent predeceasing the Petitioner after this order has taken effect but before its implementation the Respondent shall have the Petitioner's personal



 


·.•


\








representatives consent to an application for leave to appeal out of time against the terms of this order.



3. Upon payment of the lump sum as provided in paragraph 1 of this order and implementation of the pension sharing order provided for in paragraph 2 of this order, save as aforesaid the Petitioner and Respondent's claims for financial provision, pension sharing and property adjustment orders do stand dismissed.



Neither the Petitioner nor the Respondent shall be entitled:


1. to make any further application in relation to their marriage under the


Matrimonial Causes Act 1973 s23(1)(a) or (b) or


2. to make an application to the court, on the death of the other, for provision out of his or her estate.

Expert:  Clare replied 2 years ago.
Hi
At the top does it say "By Consent it is Ordered that"
Clare
Customer: replied 2 years ago.

Yes it does

Expert:  Clare replied 2 years ago.
Hi
When that was made there must have been a questionnaire that you both filled in which had a question about future plans.
Which box did your ex tick
Clare
Customer: replied 2 years ago.

I do not know. I do not remember a questionaire

Expert:  Clare replied 2 years ago.
Hi
Was there actually a court hearing?
Clare
Customer: replied 2 years ago.

Yes. Both of us were in attendance

Expert:  Clare replied 2 years ago.
Hi
How long was it?
Clare
Customer: replied 2 years ago.

The Court appearance lasted about an hour. There was a couple of hours mediation before we actually went in to the court room between my barrister and her solicitor as she was trying to get more of a percentage of my pension. she was awarded 16/22nds of 50% as we were married 16 years out of my 22 year army career. This took place in May 2012.

Expert:  Clare replied 2 years ago.
Hi
Right so there was negotiation but then an agreement was reached - so this is a Consent Order.
She will have filled in a Form E - and on the first page of questions there is a question about future plans.
What did she tick on that
Clare
Customer: replied 2 years ago.

I don't know what she ticked.

Expert:  Clare replied 2 years ago.
Hi
You need to find a copy - you should have been sent one by your solicitor
Clare

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