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Jo C.
Jo C., Barrister
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Good Evening, This question is related to Divorce/pensions.

Customer Question

Good Evening,
This question is related to Divorce/pensions. I had a court order draw up in 2007 where I settled for 50% of my gratuity, plus all my savings accumulated in 2007, luckily my monthly pension isn't going to be touched.
My Ex-Spouse has remarried since and is claiming every benefit possible, some im sure she isn't entitled to but I have no direct proof.
Is there a way of challenging this order? Reason: she is an idle woman who hasn't worked but relies on hand-outs etc etc I have worked for nearly 24 years in the Military and will loose up to 20k to her, I feel cheated and frustrated as her current husband earns roughly the same as me?
Regards
Terry
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - there was a Final Financial Order made by Consent within the Divorce proceedings?
Clare
Customer: replied 2 years ago.

Hi Clare,


I do apologise for my late reply, I had a problem getting into my account.


 


Yes, there was a financial order made at Salisbury law court Dated 7th Sept 2007. I will type out the wording.


 


'The respondent shall pay or cause to be paid to the applicant a deferred lump sum equal to 50% (Fifty percent) of the value of his maximum Terminal Grant to which he may be entitled to receive from the Armed Forces Pension Scheme upon his retirement from service with the Armed Forces'



 


I would like to make it known that on the day of the proceeding I had no legal representation to seek advice from. The Judge had ordered that the case had to be finalised on this day, as my ex-spouse had dragged it along as long as she could (she was on legal aid) the case was costing me a fortune in solicitors bills.



The reason I had no solicitor on this day was because I had 'sacked' him from my case because he only ever talked about what I could pay and not about the case.



I was under a bit of pressure as I was cornered in a room with her solicitor during a recess in which this option was offered, the only positive is she doesn't touch my monthly pension payment.



I have heard that it should be 50% of the Time I was married to her (12year marriage) not 50% of my grant according to colleagues ? again im not 100% as its all very vague.



just a quick point - I have been told I could for go my lump sum and have a bigger monthly pension instead, how would this affect the court order or would it be breaking it?



I'm just asking if the order can be challenged.



Kind Regards


Terry




 


 

Expert:  Clare replied 2 years ago.
Hi
So for clarity - you consented to this order - I accept that you were pressured - but you actually consented
to it?
Clare

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