Thank you for your response.
Finally, my Solicitor actually calculated and inserted the 12.7% in the original Pension Sharing Order / Annexe which accompanied the Charging Order.
The Charging Order was signed by me as the Respondent (signed in good faith as i had no idea of the potential implication on the potential dilution of my ex's pension fund transfer in the circumstances i have set out) and of course signed by my Solicitor.
The Charging Order was also signed by my ex (the Applicant) and her Solicitor. Both the Charging Order and Pension Sharing Order were sent from my Solicitor to my ex's Solicitor for overview / approval and as my ex's Solicitor was responsible for controlling the submission of the papers to the Court.
As part of the Court's consideration of the Orders, the Judge actually telephoned my ex's Solicitor to enquire of the source of the £100k cash payment i was making to my ex and my ex's solicitor explained it was being sourced from my Sipp via a tax free cash lump sum.
In summary, all parties, including the Judge / Court, were aware of the source of the cash lump sum paid to my ex.
It appears both the Applicant and Respondent under the advice and guidance of their respective solicitors, signed the Charging Order (accompanied by the Pension Sharing Order which did not require signatures) and was submitted to the Court and approved by the Court.
I appreciate you do not have the benefit of sight of the documents, however, there was no other specific reference to the pension amount in £'s in the Charging Order (as you will be aware this is specifically set out in the Pension Sharing Order as a %).
In conclusion and in the knowledge of the above background, my final question relates to where my ex has recourse for a potential claim. You have already stated she may have a potential claim against her solicitor.
Would you please advise if you consider:-
- if there is any potential claim / recourse against me or my solicitor
- if my wife is able to revert to the Court to apply to change the Charging / Pension Orders.
On both counts I would think not as the legal process has been followed / completed and approved by the Court.