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