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
Milton Keynes County Court on 1st Feb 2014
did you get my reply?
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.
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)
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.
Two separate Judges on the fact that we were married for 10 years. That isn't an issue
Can you help with wording on this question or do I have to pay more?
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.