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Hi, thank you for your question. Just a bit more information required to fully assist you:
-Have either of you remarried?
-How long were you married for?
-How old are you both?
-How much is your pension worth - how much was accrued before the marriage, and how much was accrued after the divorce?
-How much is her pension worth?
-What other assets do you both have, including values and any mortgages?
-Did you have any children, if so their ages?
How much are each of your pensions worth (the actual pot amount as this is what the court will consider)?
How much is the matrimonial home worth, and has it been transferred to her sole name?
What assets did you keep after divorce, and how much were they worth?
Hi, I cannot take a phone call at the moment, but if you are able to provide the information requested I can continue to assist you.
My name is ***** ***** i have been a family lawyer for more than 30 years.
I assume that your Decree absolute happened prior to 2000 in which case there is no basis on which a Pension Sharing Order can be made transferring any part of your pension pot to hers.
In addition you are already being very generous and may well not have to pay her any pf the lump sum either
As my colleague has stated, as long as the Decree Absolute was granted prior to 2000, then she has no provision for applying for a pension sharing order and any court application by her will fail. It is likely that if she were to pursue an application for financial relief, as it has been 20 year since the divorce, she will find it hard to obtain any further financial relief from you given the length of time that has passed and the current assets she appears to have.
My name is ***** ***** i have been a family lawyer for more than 30 years.I assume that your Decree absolute happened prior to 2000 in which case there is no basis on which a Pension Sharing Order can be made transferring any part of your pension pot to hers.In addition you are already being very generous and may well not have to pay her any pf the lump sum either
When was the actual Petition issued?
Who issued the Petition?
Actually it is my colleague who has been paid for this question - and I did not accept the phone call request either!
However given that the Decree Nisi was granted in late 2001 it is unlikely that the Petition was filed in 1999 which means that technically a Pension Sharing Order was a possibility at that time.
However the delay means that the Court will certainly NOT make a Pension Sharing Order as the value of the pension will have changed considerably over that period - unless of course it was frozen in 2001 which from what you have said seems unlikely.
If she decided to make a financila claim at this late stage then your worst case scenario is a Lump Sum Order - if that.
That is fine - you should ask the site for a refund of the telephone call money
My apologies for the delay - but I have been taking some hours off to fight weeds....
I am happy to go over it with you again in more details if that will help!