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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11739
Experience:  30 years as a practising solicitor.
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I divorced my ex-husband just over 20 years ago and was awarded£10,000

Resolved Question:

I divorced my ex-husband just over 20 years ago and was awarded£10,000 plus 8% interest per annum because of a pension plan through his work. I haven't received a penny from him. He has asked recently who has pension plan is with as he has forgotten and they obviously don't have his address. I do have the information he needs. My question is after 20 years would I have a claim and would I be able to claim against his pension. He is 61 years old and unfit for work and I assume wants to withdraw cash from his pension.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Do you have a court order for the £10000?
Customer: replied 2 years ago.

What I have is a form of extract decree of divorce issued by the court of Grampian, Highland and Islands that says it is a warrant for all lawful execution hereon dated 21 December 1994.

My ex-husband has been very unreliable and didn't contribute anything for the children far less pay anything to me. If the CSA ever tried to get him to agree to an arrangement he would make himself unemployed. Therefore there has been no point in going to a solicitor.

Expert:  JGM replied 2 years ago.
You can't claim directly against his pension but you can use your extract decree to make a claim. If he is now entitled to draw funds from his pension scheme then you can give the extract decree to sheriff officers and ask them to arrest the pension fund, ie, freeze the fund to the extent that he owes you the oney plus interest and expenses. It's perhaps time for you to go and see your solicitor again.
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