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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33548
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have had*****Orders made regarding pension sharing

Customer Question

I have had*****Orders made regarding pension sharing on divorce.
Both of these have been rejected by the Armed Forces Pension Scheme as they do not conform to legislation regarding the date, which I believe has to be 28 days after the Court Order or Divorce, which ever is the latter.
I have emailed Milton Keynes County Court & have been instructed to make a formal application to vary the last Court Order,
I am reluctant to do this as I have no confidence that another Judge will comply with legislation.
Is there someone who I can complain to or seek advice from, please?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youFor clarity when you say that you have two do you actually mean that you have twice tried to get the wording correct?Who drafted the Order for you?Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33548
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

The first Court Order was made by a judge at Milton Keynes County Court in January 2014 & the Pension Share was part of the financial settlement.

Several months later I was contacted by the Military Pensions people in Glasgow, who said that the date was incorrect & legislation said that this had to be 28 days after the Decree Absolute or the Court Order, whichever was the latter. They also said that they could work to the date if my ex-husband & I agreed. I agreed, he didn't.

I then had a series of addresses in Oxford as I tried to find acomodation. Notice of a new hearing was sent to me & not received, as the post was not forwarded. My ex-husband went to Court in my absence to get the Court Order varied.

This was on an amended Order on 31st July 2014.

I had no knowledge of this until I tried to get my pension payment due on my 55th birthday, 28th June. I was informed that the Order still did not comply with legislation.

I have contacted the Court & been advised to make another formal application to vary the last Order.

I have no confidence that this will meet legislation & need to know what is my best course of action, please

Expert:  Clare replied 1 year ago.
Hi
Who drafted the original order
Clare
Customer: replied 1 year ago.

Milton Keynes County Court on 1st Feb 2014

Customer: replied 1 year ago.

Hi Clare,

did you get my reply?

Customer: replied 1 year ago.

Clare,

I would be grateful for your answer please. If it is outside your area of expertise, please give it to someone with the appropriate experience.

Christine

Customer: replied 1 year ago.
Relist: Incomplete answer.
This needs to be handled by someone familiar with Pension-sharing on divorce
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay - your question fell off my list for some reason
For clarity - to ensure that I understand - you and your ex were both acting in person and you were reliant on the court for the wording - is that correct?
Can you give me the exact wording please
Clare
Customer: replied 1 year ago.

The last Order says that "15.2% of the value of that pensions at 1 January 2013 is replaced with 14.67%of the value of that pension as at 14th January 2014".

The Pensions Agency has said that " Legislation dictates that the Effective Date/Transfer Day for the calculation of benefits cannot be varied. This date must be either 28 days after the date of the Court Order or the date of the Decree Absolute, whichever is the later."

They suggest the solution to be the % of the value of the pension as at 05 March 2014 (Decree Absolute)

or

Remove all reference to the date in clause@ & express the % value only.

I have contacted MK Court this morning as I have been instructed to make a formal application to vary the Amended Court Order, supported by evidence.

I will ask if this can happen in Peterborough Court, as this is now local to me & I do not trust MK to comply with the legislation.

I need to know if & to who I can report the fact that 2 Court Orders have been incorrect & if I can demand to go to Peterborough Court, instead.

Expert:  Clare replied 1 year ago.
Hi
Who assessed the percentages?
Clare
Customer: replied 1 year ago.

Two separate Judges on the fact that we were married for 10 years. That isn't an issue

Expert:  Clare replied 1 year ago.
I am afraid that you cannot INSIST on a Change of Court - although you can ask for the hearing to be moved to a Court more local to youHowever the real problem here is that it is not the job of the Court to draft the order in these circumstances.The Court did so because you were acting in person and did not submit a prepared Order.In fact you can avoid attending Court at all if you have the Order prepared and you and your ex consent to itIf this is not an option then I suggest that you attend the court with the new Order typed out and ready to be sealed.I am happy to give further details - and to help with wording if that would assistClare
Customer: replied 1 year ago.

Can you help with wording on this question or do I have to pay more?

Chrissie

Expert:  Clare replied 1 year ago.
Hi
i woudl need copies of the two orders that you have tried - and any letter that you received from the pension people have sent you an Additional Services offer for helping with this if you would like
Clare
Customer: replied 1 year ago.

No, I don't want to do that. If 2 judges can't get it right, I don't want to invest time & money on something I can't be confident will provide the solution.

Expert:  Clare replied 1 year ago.
Hi
The only way that you will resolve this is by having the order properly drafted and submitted
However you have already had guidance on the actual changes needed.
If your ex will agree to then then you can amend the Order accordingly and send it in as a Consent order

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