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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 ex wife died in August last year, when we were divorced

Customer Question

My ex wife died in August last year, when we were divorced in 2003 a pension sharing order was made by the court but I never heard any more about this,are my Daughters now aged 22 and 26 still able to access my pension and claim there mother's share of my pension?
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.
What are the actual terms of the Pension Sharing Order?
Clare
Customer: replied 2 years ago.

Clare,I am sorry vague but I didn't receive anything from the Court or solicitors after the divorce was finalized,should I have received something in writing?

Expert:  Clare replied 2 years ago.

Do you have any of the Court Paperwork?
Did you have solicitors acting at the time?
Clare
Customer: replied 2 years ago.

Clare,yes I do have some paperwork,but no mention of a pension sharing order it states in the prayer that my ex wife may be granted an order under section 24b,25B or 25C of the act of 1973 and yes I did have a Solicitor.

Expert:  Clare replied 2 years ago.

Was there actually a final financial order made which was sealed by the court?
Clare
Customer: replied 2 years ago.

No, as far as I can remember.

Expert:  Clare replied 2 years ago.

Did you discuss the finances with your solicitor?
Clare
Customer: replied 2 years ago.

No-I don't think so.

Expert:  Clare replied 2 years ago.

What happened to the Matrimonial home?
Clare
Customer: replied 2 years ago.

Clare,my wife stayed there with the children,it was a rented home from a local housing association.

Expert:  Clare replied 2 years ago.

It would appear that no Pension Sharing Order was made - which means that your pension is safe as no application can now been made
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks very much helpSmile

Expert:  Clare replied 2 years ago.

You are most welcome
Clare