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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34232
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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Nearly 20 years ago I divorced and a court order was put in

Resolved Question:

Nearly 20 years ago I divorced and a court order was put in place covering my pension that my wife would receive 1/3.
There was a section stating if I remarried then my ex wife would still receive pension payments, but nothing covering if she remarried can the consent order be changed in order that I can cease payments to my ex wife?
Submitted: 29 days ago.
Category: Family Law
Expert:  Clare replied 28 days 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 wording of the order relating to the payments to your ex?

Customer: replied 28 days ago.
The consent order says that she would receive half of the lump sum plus 1/3 pension payment I recently contacted my pension provider asking if I could stop payment at first they stopped it saying it was earmarked but can back 3 months later saying it was not earmarked in the order then then advised me to get legal advice to change the court order?
Expert:  Clare replied 28 days ago.

I am afraid that I need the exact wording of the Order

Customer: replied 28 days ago.
Please see attached
Expert:  Clare replied 28 days ago.

Thank you - just to check - your pension provider did stop the payments but have now re-instated them?

Customer: replied 28 days ago.
Expert:  Clare replied 28 days ago.

Also for clarity - your ex has remarried?

Customer: replied 28 days ago.
7 years ago
Expert:  Clare replied 28 days ago.

Has the Lump Sum been paid to her?

Customer: replied 28 days ago.
2010
Expert:  Clare replied 28 days ago.

Ok

last point - what was the date the Order was made?

Customer: replied 28 days ago.
14/12/1998
Expert:  Clare replied 28 days ago.

This is indeed an earmarking order - sometimes also called a Pension attachment Order.

This was all that was available prior to 2000 and was replaced because the instalment payments could not survive the remarriage of the receiving spouse - although capital payments could.

As a starting point write to your pension provider pointing out that at the time the Order was made it was not possible for a Pension Sharing Order to be made and accordingly an earmarking order is the only thing this can be.

Also send a copy of the marriage certificate of your ex.

If they do not accept this then you willed to make a formal complaint to the Pensions Ombudsman

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you