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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a question regarding the explanation of a court order

Customer Question

I have a question regarding the explanation of a court order regarding ancillary relief and my attempts to implement the order. I may have to upload the documents for advise
Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
Hi Please see the attached. I divorced a while back and we were given a court order re Ancillary relief. I was the respondent. It was my understanding that if I fulfilled certain section of the order, then I will not be liable to sharing my pension with my ex wife. The sections that I believed that I should be fulfilling was section 1,2 and 5. Please see attached docs 'Divorce Pension' 1 and 1A. I have duly fulfilled these sections but my ex wife was still insisting that I should be sharing my pension with her on a 60:40 basis. Due to the pressure from her, I started to progress the pension sharing agreement with my company and they have now com back to I believe reinforce what I thought was correct. Please see attached document 'Divorce Pension' 3. I will be grateful for your advise on where I stand on this matter specifically with regards ***** ***** I should be progressing with the pension sharing order or not. I stated again that I have implemented all of points 1, 2 and 5 in the ancillary relief General order.
Expert:  Clare replied 10 months ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 10 months ago.

I am sorry but the wording of Section 7 is clear - the only way that the Pension Sharing Order would not have taken effect is if your ex had died before the Order was implemented.

I am sorry

Please ask if you need further details

Customer: replied 10 months ago.
Hi can you please explain further as I do not understand your answer. Please note that it is not the fact that the answer is not in my favour that I am asking again. You refer to the wording of section 7 being clear and you mention that the order only not being implemented if my ex wife had died but section 7 makes no reference to death. I just want to be clear and pointed out to me where it states in d document that the order will only not take effect if my ex wife died before the order was implemented and please explain to me what exactly section 7 means as that is what seem to be causing the misunderstanding
Expert:  Clare replied 10 months ago.

My apologies - I meant section 6.

Customer: replied 10 months ago.
hi in my last question, I wanted you to explain what exactly section 7 means however I did not get a response to that bit of my query? Can you kindly review section 7 and let me know if it supersedes section 6 or not as that is what my pension provider seem to be saying. I understand what section 6 states but I want the entire document to be integrated so I know where I stand please. Grateful for your help.
Customer: replied 10 months ago.
interpreted not intergrated
Expert:  Clare replied 10 months ago.

Section 7 does not supercede section 6 - they are separate issues.

Section 7 refers to the fact that once the payment of the Lump Sum and the sale/transfers of the properties have been completed then that is the end of any claims you have on each other.

This is standard wording but does not change the fact that the Pension would have been dealt with under Clause 6

Your Pension Provider is simply being careful.