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Clare, Solicitor
Category: Law
Satisfied Customers: 34908
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If in January 2009 in a General Form of Order - Ancillary Relief,

Customer Question

If in January 2009 in a General Form of Order - Ancillary Relief, it was ordered by the County Court that, " There be a Pension sharing Order in terms of the annex attached hereto for a Pension sharing Order in favour of the Respondent (my ex wife) against the Petitioner's (my) Prudential Pension plan policy no. for 63.85% of the current CETV" and then my solicitor of the time, has subsequently written to me that:
" I reminded in 2/2009 the Respondent's Law Practice that it was the duty of either their Client or themselves , to correspond with the Court, in the appropriate terms, in order to facilitate the implementation of the Pension sharing Order but that no copy of the Pension sharing Annex was sent out"; i.e. as no implementation has taken place in 7 years, I wonder where I now stand? Thank you. Michael.
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Why has he advised that you should not refer the matter to the court until you retire? The earlier you do this the better for you as it will bring finality to the issue and protect your share of the pension as ordered.
If they continue to not implement the order then an application must be made to court for implementation of the order and if there has been deliberate delay (which may be the case given it has been 7 years) then costs can be applied for against them.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I have been a solicitor for more than 30 years.I can understand your concern about the matter and your basic question - is your pension safe or notAs I understand it the Order was made WITHOUT the annexe being filed - so your pension company have never received any details whatsoever.The issue is what responsibility you have in the matter.May I ask how old you are and when you last checked the matter with the court?