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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We divorced in 1997 but the court failed to make any

Resolved Question:

We divorced in 1997 but the court failed to make any provision for me to have any of his pension. Can I make a claim now ?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Was there a court approved financial settlement alongside the divorce?

-Have you remarried?

Customer: replied 10 months ago.
England
There was a financial settlement
I have not remarried but he has
Customer: replied 10 months ago.
H
Expert:  Harris replied 10 months ago.

Thank you. Was the financial settlement approved by the court?

Customer: replied 10 months ago.
but my solucitor did not get me any pension provision from him and the judge said I could go back but I haven't so far because I thought the sale of the family home would give me a pension but he took half the profit so I was left with nothing after buying myself a tiny house so am wondering if I could now go back?
Expert:  Harris replied 10 months ago.

Are you able to attach the order here using the paperclip icon?

Customer: replied 10 months ago.
Sorry this is getting too complicated I thought I could just get a yes or no answer. My ex didn't stick to the court order at all anyway . Thanks for your response
Expert:  Harris replied 10 months ago.

No worries, but this information is required in order for me to provide you correct information. I would suggest that you review your order - if it has clauses which state that neither of you would be entitled to make a claim against the others assets, pensions, income etc, then unfortunately you would not be able to pursue any further claim against him.

If he has not kept to the order you will be entitled to apply to seek enforcement of the order using form D50K and a £155 to court - but I would need further information in relation to the breaches and non-compliance to inform you whether there is any merit to such an application.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 10 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

I am afraid that in 1997 it was not possible to have a Pension Sharing Order and when it was introduced this was not back dated.

Accordingly the only claim that you might be able to make woudl rely on your having an open Spouse maintenance Order

I am sorry for any confusion

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