Company pension

lawrenson

Hi all. So my exhusband and I owned a small firm for a number of years. There were only the 2 of us. We had pensions through that company. I stopped working for health reasons and stopped paying into my pension.
We divorced about 4 years ago. My husband got full control of the company. The divorce was very acrimonious.
Since then I have had no pension updates at all.
I contacted the Prudential (the pension provider) but they say I must write to my exhusband to sort it out because he is trustee. I am reluctant to do this, partly because he was abusive to me, and partly because he has ignored every thing I asked him to do unless it was court ordered.
The prudential will not even give me a statement unless he allows it.
Is there any way for me to get access to my pension without involving him please?
Regards, M

xylophone

Is there any way for me to get access to my pension without involving him please?

Do you have a pension sharing order?

Albermarle

Just to clarify .
You both have your own separate pension pots, but they are in some kind of group scheme and your ex is the only Trustee ?

lawrenson

Hi, thanks for replies. Yes we have separate pensions. There is no pension sharing order. 
And yes, it is a group scheme and my ex is the only trustee.
I think it ought to have been sorted out during the divorce, but it was overlooked. 

xylophone

my ex is the only trustee.

https://www.thepensionsregulator.gov.uk/en/document-library/scheme-management-detailed-guidance/governing-body-detailed-guidance/trustee-guidance

The trustees' duties and powers

Many of your duties as a trustee arise from trust law. These are your 'fiduciary' duties. Your powers derive from the trust deed and rules of the scheme.

This section of the guidance describes the main fiduciary duties and outlines the types of power available to you:

• Acting in line with the trust deed and rules
• Acting in the best interests of the scheme beneficiaries
• Acting impartially
• Acting prudently, responsibly and honestly

I think it ought to have been sorted out during the divorce, but it was overlooked. 

Did you have a solicitor?

Is there any way for me to get access to my pension without involving him please?

There must be a reason why the Pru has referred you to your husband as Trustee of the Scheme.  Do you have a letter from the Pru explaining the situation?

What documentation do you have concerning your pension?

dunstonh

The prudential will not even give me a statement unless he allows it.

Is this a SSAS?

What you describe doesn't sound like a group personal pension as the insurer controls the administration and would be the trustee.     The fact your ex is a trustee points to it possibly being a SSAS.

Is there any way for me to get access to my pension without involving him please?

No.   

lawrenson

Hi,
Yes, I had a solicitor. 
The only documentation I can find says "company pension scheme".

I have had several phone calls with the Pru but currently no written correspondence (although I have sent emails etc).

So I need the pru to clarify exactly what they require, and legally he has to comply? If so I will get a solicitor to liase with him.

xylophone

If SSAS


See https://www.moneyhelper.org.uk/en/pensions-and-retirement/pensions-basics/defined-contribution-small-self-administered-pension-schemes

Marcon

lawrenson said:

Hi, thanks for replies. Yes we have separate pensions. There is no pension sharing order. 
And yes, it is a group scheme and my ex is the only trustee.
I think it ought to have been sorted out during the divorce, but it was overlooked. 

That's quite an oversight by your solicitor. Maybe suggest to them that, as a quid pro quo, they sort out the matter now in terms of liaising with your ex-husband? This sounds like a SSAS (small self administered scheme) so the Pru are behaving entirely correctly by insisting they deal with him as trustee of the scheme.