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Category: Family Law
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I have exchanged form E in a voluntary basis with my

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Good evening,I have exchanged form E in a voluntary basis with my estranged wife's solicitor. In her form E there are to letters joined related to pension. The first letter indicates 'NHS pension scheme regulations2008(as amended)' and gives CETV to be £11,362.84. The second letter indicates 'NHS pension scheme regulations2015(as amended)' and gives CETV to be £27,662.24. The amount that is declared in section 2.13 in Form E is £11.362.84. I do not understand why there are two letters (both issued 27 July 2020). Should both amounts be added up? should there be another letter for regulations updated to 2020 or 2021? I will appreciate any help to understand this.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters so I'd be delighted to offer some guidance.I can't take a telephone call at this moment although I can continue messaging. If you'd like to speak to somebody urgently, please let me know and I will opt out of this question and allow another expert to call.You are quite right. The 2 figures should have been added together as there are 2 separate (and recent) pension schemes that give different perks upon retirement. It's similar to a number of public sector/armed forces pension schemes.Please let me know if you need any further help. Kind regards, J
Customer: replied 11 days ago.
Many thanks for your answer. regarding the fact that one letter is '2008(as amended)' and the second '2015(as amended)', is it to expect that there should be another CETV value for 2020 or 2021?
Both letters should have a date that the CETV was calculated. If the actual letter is fairly recent, there's a good chance that the CETV is up to date.There's only the 1995/2008 scheme and 2015 scheme. There's no 2020 and 2021 pension scheme.
Customer: replied 10 days ago.
Many thanks indeed for the clarification. Even adding up both amounts (£39025.08) there is a clear difference with my CE (£99209.56). What are the chances this can be a point of disagreement to agree a clean break. What could her solicitor ask and how can I prepare?
Hello again. I don't know how many years you've been married and how much of that pension was acquired pre-marriage. Furthermore, other factors include her income and employment opportunities.Ultimately, I cannot give you specific legal advice under the terms of the Just Answer Agreement. What I can say is that there is clearly a discrepancy and, in the event of a longish marriage, she will be looking for a pension share to redress the inequality in pensions. You have the choice of agreeing a share or pushing for an offset in lieu of a pension share. For example, you might decide to offer her a greater share of the equity from the sale of the house in return for not touching your pension. If you want a really accurate figure as to how much you should give in pension sharing, you should appoint a pension actuary to prepare a report. They will charge about £1500 - £2000 on average.I hope that information helps you make a decision. Kind regards, J
Customer: replied 9 days ago.
Many thanks for your answer. The marriage was for 17 years and we started work at about the same time. There is no property for sale as we have always rented. If I understand she may request a pension share but if I refuse, depending on all circunstances, if decided on the court, the judge may agree but may also not agree to this. Is this correct?
Good evening. If your wife wanted a pension share but you refused, she could make an application to court for a financial remedy order. The court would consider all the facts in thr case. Based on the figures you've give me above and the length of time you've been married, I imagine the court would make a sharing order.
Customer: replied 9 days ago.
Many thanks for your answer. How can I better understand the sharing order. Would this be for the amount so far earned and declared in Form E? What happens with the pension contributions now that we are separated?
You agree a share and the actual pension amount is calculated once the pension company receives a copy of the court order/pension sharing annex.
I note I have heard nothing further from you so I trust you're happy with my answers to your questions. If you need further assistance, please let me know. Otherwise, thank you for your question and for using Just Answer. Kind regards, J
Customer: replied 8 days ago.
Many thanks indeed for your answer. When you say 'agree a share', you mean to agree a percentage or to agree to the fact that there will be a share of the pension? Is there probably an internet resource when the pension share is explained in itself?
Hello again. I mean you and her reach agreement on a percentage share. If not, she could make a court application and let a judge decide. I've included a link to this new site with some useful info on pension sharing Kind regards, J
JeremyT1020 and 3 other Family Law Specialists are ready to help you
Customer: replied 7 days ago.
Many thanks indeed for your help and clarifications.
Customer: replied 7 days ago.
Dear Solicitor, I am coming back because I would like to ask another question regarding section 2.13 on Pensions. In Form E, my estranged wife's solicitor has actually included two times section 2.13, with the same amount £11362.84 but in one sheet she calls this 'NHS pension scheme', in the second sheet she calls this 'French pension' and there is no number of pension arrangement or reference number. Because she has made already the mistake of non summing up the amounts from the 2008 scheme and 2015 scheme, I wonder if this is another mistake or it reflects that it is the same pension but includes the period worked by my ex-wife in France?
I think you need to write to the other side and put the question to them. You're both under a duty to give full and frank disclosure so there's absolutely no harm in calling out a fairly major discrepancy with the name of the pension even if it's only just come to light. Don't approve any order or sign a statement of information until all of these queries are resolved.
Customer: replied 5 days ago.
Many thanks indeed for your answer and clarifications
My pleasure. Please let me know if you need any further help. Otherwise, thanks for your question. J