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plclegal, Barrister
Category: Family Law
Satisfied Customers: 3907
Experience:  Barrister at law
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I am a UK Citizen currently living in Australia. I have been

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Hi, I am a UK Citizen currently living in Australia.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I have been separated from my husband since 2017. He is an Ex UK British Army Soldier Also living in Australia. I would like to know how i can get my share of his Uk Military pension via the Armed Forces Pension Sharing Scheme.
JA: Have you talked to a lawyer about this?
Customer: I haven't spoken to or filed any paperwork from the UK government. I am a dual citizen. I live in Australia
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My understanding of the AFPS is that my ex has to file for it on divorce but he is refusing to. I have a lawyer here and she has said that Australia has a different legislation and that i would dhal to apply to a UK court for this but I'm not sure how to go about it. I can't believe that i would have to do this without any means in UK to support this.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 4 days ago.
Hi. Yes I am happy to wait for an answer.
Thank you

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

If you need make an application for a pension sharing order, you would do this via a form A:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713394/Form_A_Eng_6.18.pdf

As the application will be one where the outcome is based on the valuation, the length of your marriage etc - it should be able to be determined without you having to attend court, but if you were needed to take part in a hearing you could do so via telephone if needed.

Can I clarify anything?

Can I clarify anything?

Customer: replied 4 days ago.
Hi Peter.
Thank you.
I will look at the forms. So these forms are used for the Armed Forces Pension Sharing, is this correct?
How much will it cost to file this in the family court and any other associated costs?
Do you have any knowledge of AFPS and how the share is calculated? just so I can get an idea of what I may be entitled to.

Kind Regards
Joanna
Customer: replied 4 days ago.
Also, would you know if I could get Legal Aid in the UK?
I am a single parent on a low salary..

It is my understanding that you apply for a pension order whether it's an armed forces pension or not.

Here is some more general information - https://www.gov.uk/guidance/pensions-and-compensation-for-veterans#a-world-class-pension-scheme-for-your-military-service

I can't calculate the share for you, it will depend on the length of the marriage and the length of service, obviously.

The UK pensions advisory service may assist with this though: https://www.pensionsadvisoryservice.org.uk/

In terms of costs - the form costs £255 to file.

There are no further costs as you don't necessarily need a solicitor for this process. But legal aid would not be an option I'm afraid.

I hope this clarifies things?

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

 

plclegal, Barrister
Category: Family Law
Satisfied Customers: 3907
Experience: Barrister at law
plclegal and other Family Law Specialists are ready to help you
Customer: replied 2 days ago.
Hi Peter.
The form 1 you sent me is that just for Armed Forces Pensions?
My ex also has a UK state pension too. Do I need to fill out a separate form for that or can they both be looked at on this one?
Also do I have to fill out all the information regarding mediation?
There are no child related issues as that is sorted. It’s just about the pension.

Kind Regards
Joanna

Mediation should be exempt as you are out of the jurisdiction.

It's one application for all pensions.

Kind regards,

Peter

Customer: replied 2 day ago.
Thanks Peter.
So once I have filled it out and filed it. How do I provide the finer details so the pension sharing can be worked out? Is that something that would be requested by the Court once my application has been processed and the respondant has been contacted?
Or will I be asked to provide documentation for this?

Kind Regards
Joanna

The court will issue directions for the filing of the relevant paperwork.

Customer: replied 2 day ago.
Okay Thank you.

My pleasure.