Ex still hasnt shared the pension 6 yeares later.

Angela_D_3

This was due to a mistake by the courts but of course hes made zero effort to correct or chase it.
Do i have to go back to the family court or could I pursue this as a debt through the small claims does anyone know ? 

WickedWitch123

If its been done via a consent order I would go back to family court.  Give wikivorce a call, they'll be able to advise i'm sure.

Angela_D_3

Thank you 

TBagpuss

If you have a court order which provides for it to be shared then you would need to go back to the court that made that order and apply to enforce. 
What was the mistake, and did you get that corrected at the time? 

Angela_D_3

TBagpuss said:

If you have a court order which provides for it to be shared then you would need to go back to the court that made that order and apply to enforce. 
What was the mistake, and did you get that corrected at the time? 

No he was represented ... it was his solicitors mistake so i kept chasing him to get her to ficz what she’d been paid to do.  Of course it never happened.  Im planning to ask for the loss of interest given how long hes not actioned this for too 

sassyblue

didn’t you have solicitors? What was the exact mistake? You said it was a mistake of the court and then his solicitor, what happened?

if it was the court it would have been simple to query it back then.

Angela_D_3

sassyblue said:

didn’t you have solicitors? What was the exact mistake? You said it was a mistake of the court and then his solicitor, what happened?

if it was the court it would have been simple to query it back then.

I didnt have a solicitor no.  Its been back to the court and sat with them for over a year... nobody cares this should have been actioned years ago 

Alias_Omega

A Pension Sharing Order should have been issued, and sent off to the Pension provider.  The Pension Scheme would have then made you a Associated Pension Member and your share (agreed %) should have been paid direct to you (upon reaching the correct age).

Your ex-husband would have had a "Pension Debt" at the time of the Pension Sharing Order being received by the scheme, his existing pension would have been cut up & your share put on the shelf. If he paid into it (with more contributions) his shared would have carried on increasing, whilst your share (amount) remained still.

By what you say, it appears that the Pension Sharing order was not issued, made etc, or even sent off to the provider within the prescribed number of days. He doesn't have to share anything without that Pension Sharing Order (PSO). 

If you did it via the Consent Order, the Pension would be paid to him, then he would "split the income", but there are risks......

• He would pay income tax on all the pension income above the threshold (private & state pension added up), then have to split it.
• If he dies, the pension stops being paid, including your share. He was the sole Pension member.

The solution here is a PSO via the court, but how do you undo a Consent Order that was agreed many-many years ago? Set aside and re-apply? Variation of existing?

A bit of info about Pension Sharing - 
https://helpandadvice.co.uk/pension-sharing-order/#:~:text=A pension sharing order is,assets such as a house.

Angela_D_3

Thats great thank you 
So my point is this administration error by his solicitor that has caused the delay has cost me dearly.  An efforcment of the consent order is the only way to go it seems 

TBagpuss

His solicitor didn't work for you, and it isn't their fault if the court made a mistake - you have as much standing as them, or as him, to get the court to correct it. 

You haven't said what the error was which makes it hard to advise but while it may have been reasonable as a first step to ask his solicitors to deal with the mistake, if they didn't, there was nothing to stop you applying to the court yourself, and if you didn't do so, and chose to chase him instead, that was your choice, I don't see that you are likely to be entitled to anything extra from him simply because he didn't pursue it.

Obviously if he has been intentionally delaying things, for instance by not making the payment to the pension provider to allow them to implement the order then it might be different, but there's no obvious reason why he should be responsible for fixing a mistake by the court, rather than you (and there would have been nothing stopping you getting a solicitor to help you if necessary)
If the court made a mistake then you will need to apply to have the court fix it - the delay will make this harder but it may still be possible, depending in what the original error was