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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12554
Experience:  30 years as a practising solicitor.
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I signed and agreed to a (divorce) settlement agreement in

Customer Question

Good day,
I signed and agreed to a (divorce) settlement agreement in June 2014.
Unfortunately I do not believe I had the best of advice from my solicitors.
As far as I am NOW aware, any thing that was outwith wedlock should not have been part of the agreement.
It has come to my notice that one of my pensions commenced on the 17th May 1983. It had changed from Trident Finance to Lincoln then came under Sun Life of Canada. The solicitors had taken the date it commenced under Sun Life of Canada and not the true commencement date of the policy.
We were married in 1992. Met in 1987, long after the commencement of the policy.
Can I still challenge this, appeal it?
Kind regards,
Stuart M Brown
Submitted: 1 year ago.
Category: Scots Law
Expert:  Nicola-mod replied 1 year ago.
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!
Expert:  JGM replied 1 year ago.

There should have been an apportionment of the transfer value of the pension fund to take account of the period of the marriage under The Divorce etc. (Pensions) (Scotland) Regulations 2000. If that wasn't done it is likely to be too late to change the agreement but you may have a claim against your solicitors. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.