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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 1126
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I’m the respondent in a pension sharing case going through

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Hi, I’m the respondent in a pension sharing case going through the family court. The applicant and court say we need to get a pension report from a nominated person .Do I need to give them authority to contact my pension provider Or is the cetv value that was proved by my pesnion company sufficient .Also on the applicants letter it mentions state pension also , this was never discussed or mentioned in court or on Form e, do I need to agree with this .(I am 54)

Hello my name is Ross and I can help with this matter. Is the pension sharing case in relation to a divorce?

Customer: replied 1 month ago.
Yes it is,

Ok thank you. Yes, you will have to give a mandate (authority) stating the nominated person has your authority to discuss the pensions. If this is a workplace pension or a private person, you should call up and find if they have such an individual who can deal with this matter. The person you will need is a financial actuary and a pension company will have these. They will undertake all of the work on your behalf and will advise as to what your liability is in terms of both workplace and state pensions. Your state pension however, should not be shared in the divorce. However, the infraction about this pension may be required to correctly calculate liability, for example if on partner paid the others contributions then this will be taken into account. These are very complicated calculations hence why you require an actuary to do them. However, to answer your question, yes you will have to provide authority however, whomever you appoint will have a mandate sheet, all you really need to do is provide ID and sign the sheet for them to act. I sincerely wish you all the best with this matter.

I hope this information has helped.

 

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Kind regards

 

Ross

Customer: replied 1 month ago.
IWould it be best for me as the Respondent to object to the state pension side as nothing was mentioned in court before the judge or on the order lodge after the court hearing

Yes! Your state pension should not be taken into consideration in divorce proceedings. This may just be a clerical oversight. However, if you do as advised above and appoint an independent individual, then they will know this and sort it out even if it is in the legal papers.

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 1 month ago.
This is from the applicants solicitors and it’s not an oversight I don’t think as they have sent 2 emails one with a link to the government web sight saying if I click the link I can then get a forecast.
Customer: replied 1 month ago.
They are in the process of appointing one , and like I said the state pension was not even discussed it’s only just appeared on there correspondence

Then I would definitely object to it. Just because the claimant's solicitor wrote this, it doesn't give it any weight. They will have to abide to what has been set out by the court. I can't see any reason that they will include you state pension in these proceedings.

Customer: replied 1 month ago.
We are at county court for the financial side, since the home was sold a couple of years ago we only have our separate works pensions

That is what I thought as the pensions can take a while. Once an independent individual is appointment they will act independently (regardless of who appoints them) they should not be able to touch your state pension especially since the court have not asked for this to be looked at.

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 1 month ago.
So to confirm the pension expert needs to contact my work even though I proved a cetv , it wasn’t mentioned in court they needed to do this

No they don't have to contact your work unless the require some kind of information from them but they should be able to get all of the information they need from the pension company, not your work. If you have an issue with them contacting your work then you can ask them to let you know if they need to contact your work in advance so that conversations don't go unknown to you.

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 1 month ago.
Sorry I meant my pension company, so they would need to contact them

Yes, I would imagine they will have to contact your pension company to get information for the calculations.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

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