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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have asked my mineworkers pension provider for a figure of

Customer Question

i have asked my mineworkers pension provider for a figure of what my pension is worth for a divorce petition
neither parties of the divorce are contesting each others pensions
and have agreed such
but my wifes solicitor is saying the courts want to know this figure
the mineworkers pension providers are saying they want to charge £808 to give me this figure
i am curently taking my pension on a monthly basis
can they charge me such a huge ammount just to be told the figure?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

My name is Clare

I shall do my best to help you but I need some further information first

Do you receive an annual pension statement?

Customer: replied 10 months ago.
i do
Customer: replied 10 months ago.
but it only contains what annual pension ive had and the tax i have paid on it
Expert:  Clare replied 10 months ago.

Do you have anything from when it started to be paid?

Customer: replied 10 months ago.
i only have annual statements of what ive had
Expert:  Clare replied 10 months ago.

How long has it been in payment - and have they not offered to give you a global figure for nothing?

Customer: replied 10 months ago.
its been in payment for about 3 to 4 years.
they will not give me a figure of what my pension is worth unless i pay £808
i dont have any paperwork stating the worth only what i would get as a monthly pension
Customer: replied 10 months ago.
as we are not contesting our pensions why do the courts want to know the figure its irelevant surely
Expert:  Clare replied 10 months ago.

In order to make the Order the Court needs all the financial information so that they can check if it is fair or not.

It may be possible to approach it in a different way

How long were you and your ex living together in total?

Customer: replied 10 months ago.
twenty eight yearsbut if we both sign to agree to leave alone surely this then becomes irrelevant no matter what the pensions are worth ?
Expert:  Clare replied 10 months ago.

I am afraid that will only work if you do not want a Court Order - if you want the Court to seal an Order then they need a figure.

Are/were you a member of a Union?

Customer: replied 10 months ago.
n u m mineworkers unioni have just looked at a copy of her solicitors petition for divorce as sent to the courts
its a generic type firm where a tick box is used to use variouse statements and although my ex has instructed her solicitor we dont want to attack each others pension they have ticked the boxes for persuing the pension and other financial items
i think that as i am not represented by a solicitor they are trying to hoodwink me so the ex has upper hand
Customer: replied 10 months ago.
photoes of relevant papers
the petition
a letter to apease me ( which contradicts their petition )
Customer: replied 10 months ago.
my reply to the petition back to the court
Expert:  Clare replied 10 months ago.

This is nothing to do with the Petition - or what has or has not been asked for.

You and your ex have agreed a financial Settlement between you which you now wish to be turned into a court order and sealed by the court in order to ensure that neither of you can make a claim against the other in the future.

In Order for the court to make that order a form D81 has to be completed - the form is here

The information requested includes a pension Value.

This is a standard request and no one is trying to take advantage of you - other than the pension company.

I would suggest that you ask the Union to address this profiteering.

You do not need the kind of information that they wish to charge for - you just want a "ball park" figure to put on the form

Please ask if you need further details