Divorce + house sale and Pension split help

JimTracy

Hi
I got a divorce finalised back in November, the legal settlement was for a pension split and half the value of the house and the house to be sold. I am only one currently living in the house.
It is now June and I am being told by my financial advisor that my partner has still not yet signed off the pensions (theyre all in her name)
We have accepted an asking price offer on the house, but I wont have enough money to move into another property until the pensions are transferred. I have told the estate agents this and that it could cause a delay in final sale.
I have recently received a letter from my wifes solicitors warning me that their would be potential legal proceedings if the sale of the house is delayed because of me holding it up. Which I find unbelievable considering ive been waiting over 6 months for the pension transfer.
What rights do I have as she hasnt yet signed over the pensions even though shes had more than enough time to do so ? If i go through and sell the house I feel I could be waiting forever for this to happen and at least I have some bargaining power with the house unsold.
Is it worth sticking to my guns and waiting till the pensions are transferred or will that get me into trouble if the house sale falls through ?
Im thinking I probably need legal support but am interested to hear how good my case is before I spend yet more money out on legal fees.
Thank you for any help

SallyG

Assuming your divorce Consent Order included an order for pension sharing and that you have Decree Absolute and that the Pension Sharing annex was duly completed - has the Pension Sharing Order gone from the court to the pension scheme?

JimTracy

thanks, this is something i`ll look in to, all ive been told by my financial advisor is that my ex-wife hasnt signed certain forms required to begin the transfer.

SallyG

If she had a solicitor then it's their job to complete the pension sharing annex and send it to court which then sends the sharing order to the pension scheme. Tell them nothing's happened on the pension front and have they completed and returned to court the pension sharing annex.
Ask the court if they've received the completed annex/sent the sharing order to the pension scheme.

JimTracy

ive got a feeling they havent completed the pension sharing annex, ill contact the court and see what they say, thanks again, youve been extremely helpful !

atush

how would any pension split affect your being able to move on? you can use the pension to pay for a new house?

JimTracy

exactly, im able to take a large lump sum from pension fund. This with the money from the house sale will allow me to buy a new place. The money from the house being sold wont be enough by itself.

SallyG

Your Consent Order relied on that scenario to see that you were adequately housed? ie it assumed/checked you'd be old enough to take a tax free lump sum and that no tax free lump sum had already been taken from the donor pension which would disbar you from taking another tax free lump sum?

atush

How old are you, and how old is your ex?

JimTracy

Sally - yes the order was that the pension lump sum would be used to help buy another house. no lump sum has previously been taken.
Did I have to do anything more ? I didnt see any form that I should return or fill in, I thought the court order was complete and it was down to my ex (who has all the pensions in their name) to proceed with responding to, to begin the transfer process.

atush - Im 67 shes 58

SallyG

Once you've got the sealed Consent Order agreeing to share a pension the court requires completion of the pension sharing annex/form so that it can issue an order to the pension scheme empowering it to split the pension according to the percentages set out in the order - its usually the pension member who is expected to get the paperwork to court to start the sharing process ...............
the recipient should be contacted by the donor scheme once it's got the order to share.
Your best bet is to check with the court that stamped your Consent Order to see if it's issued the Pension Sharing Order/has received the pension sharing annex - then you know where the blockage is.