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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I divorced 7 years ago and settled with my wife through our

Customer Question

I divorced 7 years ago and settled with my wife through our solicitors. I have recently received notification from my pension provider that my ex-wife has contacted them to say that she has a court order for pension sharing. This is first that I have heard of it in 7 years. Can a court order be served in this way after a gap of 7 years? Can I appeal?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 a Pension Sharing Order actually made?
Clare
Customer: replied 3 years ago.

A draft order was issued to my employers pension team but the actual order was not presented until last week - it is actually 8 years ago

Expert:  Clare replied 3 years ago.
Hi
So you were aware that an Order had been made - and you received a copy of it?
Clare
Customer: replied 3 years ago.
I had been sent a draft in 2006 and this had also been sent to my employer. My employer refused to act on the draft I have never been sent a formal PSO. but my wife has recently contacted my pension provider. Initially she presented the draft PSO which they rejected. They now advise that she has presented the formal PSO. But I have never been sent the PSO. Can I claim that the PSO is timed out?
Thanks Stephen
Expert:  Clare replied 3 years ago.
Hi
For clarity (and it is important) you were aware that you had agreed to such an Order being made.
Clare
Customer: replied 3 years ago.

Clare

I was aware of what was proposed because I had seen the draft.But as far as I was concerned it was never formalised because I never received the order signed by the judge. So I had assumed that my wife had abandoned her claim against my pension.

Stephen

Expert:  Clare replied 3 years ago.
Hi
In Order for such an Order to have been made you would have had to sign the Consent Order - do you remember doing so?
Clare
Customer: replied 3 years ago.

Clare

I will look on my file - I hope that I would have been copied anything that I signed. Will revert

Stephen

Expert:  Clare replied 3 years ago.
Hi
That is fine
Clare