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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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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I got divorced in 2007 and the court order had a

Customer Question

I got divorced in 2007 and the court order had a pensionsharing arrangement for my two pensions (50%). The annexes completed as part of the order were the wrong forms and were earmarking orders. The pension company has advised me that they are not in a position to action the arrangement until they receive the correct forms.
If I withdraw my pension money (I an now 56) would my ex-wife have any claim on the pension fund still. Given its 9 years since the divorce I 'm presuming this has been overlooked or forgotten
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the exact wordng of the Order relating to the Pension?

Customer: replied 1 year ago.
There be a provision by way of a pension sharing order in favour of the wife in respect of the husbands rights under his pension arrangements with Winterthur plans nos(###) ###-####and(###) ###-####and the legal and general policy nou165223 in accordance with the annexes to this order
Expert:  Clare replied 1 year ago.

Was your ex ever notified of the problem with the forms?

Customer: replied 1 year ago.
Not sure - but presume if she had been informed (or her solicitor) then they would have sorted the problem?
Expert:  Clare replied 1 year ago.

One would like to think so.

I am afraid that the Order is clear and despite the problems your ex does indeed still have a valid claim on the Pension funds.

Accordingly if you do withdraw the funds she will be able to take action to enforce her claim and recover the funds.

However if you have notified her of the problem and given her Notice that you intend to withdraw a cash sum she will not

be able claim any extra interest or costs

Please ask if you need further details

Customer: replied 1 year ago.
Could I withdraw my 50%?
Customer: replied 1 year ago.
Is there no time limit - I thought pension sharing was designed to be a clean break? Its now 9 years on and isn't it her responsibility to implement the order?
Expert:  Clare replied 1 year ago.

Only if you notify her as set out above

It is a Clean Break - but it is the responsibility of both of you to ensure that the Order is carried out

Customer: replied 1 year ago.
Is there a test case where this has happened ?
Expert:  Clare replied 1 year ago.

There has been case law on implementation issues yes

If you put this case into your browser

Pike v Teachers Pension Scheme (2008) 26 March, ref 26355, Pensions Ombudsman

you will find many cases to read