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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Divorced years .Husband took half my pension lump

Resolved Question:

Divorced years .Husband took half my pension lump sum.someone said I could claim it back.He has his own pension I did not claim any of that?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Was there a financial order made within the divorce proceedings - if not how did he come to have half of your lump sum?
Clare
Customer: replied 2 years ago.
We had what was called a clean break divorce.I can remember filling out lots of forms about my finances,and my ex had to do the same.
What I am referring to happened before the divorce my ex was very controlling and used to open my mail.I was made redundant when I was 60
As soon as the money came through he marched me to the bank,told the man in the bank to put half into his account and the other half into mine.
A few weeks later my lump sum came from MY pension and he did the same again.I did not know at the time that I did not have to give him MY pension money as he had previously been made redundant himself,I don't know to this day how much money he got or what he did with it.he also has his own private pension which I also have no part of.I still don't know why my solicitor did not do anything about it during the divorce.
Expert:  Clare replied 2 years ago.

Did you tell your solicitor what had happened?
Clare
Customer: replied 2 years ago.
Yes I did ,I think because it happened before the divorce it just became part of the assets?
Expert:  Clare replied 2 years ago.

I am afraid that that is indeed what happened - and the Clean Break Order means that you hav eno further claim on your ex's pension UNLESS your court order includes a Pension Sharing Order.
You do need to check the Order again - but I am afraid that if one has not been mad eit is now too late to make the claim.
You may of course have reason to make a complaint against your solicitors - but you would need to have someone review the file first
Please ask if you need further details
Clare
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