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History: Home UK Divorce Forum
Pension holding up consent order approval (8 Posts)
Started By:
05 January, 2017 11:07PM
Pension holding up consent order approval
LizzieB2017 - 05 January, 2017 11:07PM
Hi all

This is my first post. Thanks in advance for any feedback/advice.

To summarise, I'm hoping to receive my decree nisi date shortly (been advised it'll probably happen at the end of this month). The plan is to submit a consent order outlining our financial agreements and to do this between nisi and absolute. We've agreed on financials and have not gone down the full financial disclosure route.

The potential problem is that I haven't yet received my guaranteed cash equivalent pension statement. I requested it in November and was told it'd take 3 months. That might be ok as it should arrive in February however, my soon to be ex husband hasn't requested his pension statement yet (he claims he thought his annual summary would do!) so that won't come through until April (ish) assuming he requests it in the next week as I've asked him to do.

We're still living under the same roof and I want him out asap. My solicitor says that I can pay him the lump sum to buy him out of the house provided he signs the consent order and that once we have the pension details, we'll submit it to court for approval. Is it true that the Judge will insist on seeing our pension details even though neither of us are taking a share of each others' pension?

In the meantime, if nisi happens ive been advised that there's no reason not to apply for the absolute even if we have not yet had the consent order approved by the court. It will state that he has received the lump sum already.

Is this advisable? Ideally, I wanted the consent order to be submitted prior to absolute but I want to get him out of the house asap and he won't move out until he has his lump sum.

The atmosphere is getting unbearable and he's manipulating the kids, hence me being so keen for him to move out asap.
Re: Pension holding up consent order approval
Andyk - 06 January, 2017 08:03AM
Generally it is not a good idea to get the absolute until you have sorted all the finances and agreed what is going to be split and confirmed in a consent order.

His CETV might not take long to produce, different companies have different timescales. If he is in a Defined Contribution scheme he can ask for the valuation and that should not take that long to provide, a matter of days if he says its urgent, if it is a defined benefit scheme however that could take longer if there are actuarial calculations to be made to value the benefits.
Re: Pension holding up consent order approval
LizzieB2017 - 06 January, 2017 09:52AM
Thanks. We're both teachers and the TP have told me it takes 3 months. I requested the info early November and called them this morning and they are awaiting info from HMRC so say it's beyond their control. It's very frustrating as his request hasn't even been sent off yet.

Can I still get him to sign the consent order, pay him the lump sum before it's approved by the court then wait to apply for the absolute once we receive the pension info through? It'd mean 3 months or so between nisi and absolute. I'm assuming that's the best thing to do? The main thing for me is getting him out of the house and making a start on getting him removed from the mortgage.
Re: Pension holding up consent order approval
davidterry - 06 January, 2017 10:03AM
>>(he claims he thought his annual summary would do!)

Is there any reason it will not do? Typically it contains a capital transfer value.
Re: Pension holding up consent order approval
LizzieB2017 - 06 January, 2017 10:22AM
The annual summary just outlines how many years service you have. I could have requested an estimated cash value but was told by the solicitor that this wouldn't be acceptable to the Court (that only takes 7 days to get hold of).

I've been told we must provide the CETV (not an estimate) and so that's what I've requested from TP. It's just the crazy timescale which is holding things up. Do you think the estimate would be acceptable especially considering neither of us are making a claim on each other's pension?

Re: Pension holding up consent order approval
davidterry - 09 January, 2017 05:24PM
If you have reached agreement on the terms of financial settlement and/or that is what you want to do then it is not necessary to have an exact capital transfer value figure. So long as it is in the right ball park an estimated figure or figure taken from a relatively statement is quite sufficient.

If someone wants an actuarial value of all pensions before agreeing an exact pension share figure that is something rather different. However, if you are taking a broad brush approach then there is no need for exact figures so long as you each have a reasonably good idea of the financial position of the other.
Re: Pension holding up consent order approval
LizzieB2017 - 19 January, 2017 08:10PM
Thanks for the advice DavidTerry.

My pension CETV info will come through early February. I imagine that our pension pots will be very similar as we earn similar salaries although he's been working 5 years longer. Ultimately, as we're not interested in each other's pension in our financial settlement, I take it that we could, according to your advice, put that my spouses CETV as the same or similar to mine for the purposes of the consent order financial overview that the Judge requires? If i can do that, it'll save having to wait until April or May when his CETV info comes through.

Is that correct?
Re: Pension holding up consent order approval
davidterry - 20 January, 2017 12:39PM
Assuming that neither of you is seeking a pension share and that your respective pensions are broadly of similar value then the lastes annual statement for each pension should be sufficient.
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