Pension sharing order - can it be avoided?

BeardSniffer

Going through a nasty fight over finances after a divorce. Ex is 20+ years older, I was not allowed to work for the majority of our 18 year long marriage. I applied for a pension sharing order in January 2023 but my ex has messed around, ignored court orders etc to delay this. In court last month he has announced he has drained his pensions in the last few months (so since I applied for the order). The Judge said there was nothing wrong with this and as such no pension sharing order could be made?

What can be done? Ex has refused to supply bank statements or pension statements to show values/balances etc. He is a real piece of work when it comes to lying about money and hiding it - his father passed away during our marriage and an inheritance was received by my ex and he hid it from me.

Hoenir

Seemingly a very complex situation. That your legal advisor is best placed to comment on and let you know the potential outcomes of any course of action. . 

DullGreyGuy

Given durations etc presumably their pension are in payment already?

To the best of my knowledge the court ultimate send the order to the scheme advising them what percentage of the CEV is to be transferred and so isn't in the gift of your ex to have delayed it etc. 

What has your solicitor advised? They'll clearly know the details much better than anyone else here

AskAsk

you will need your solicitor to fight for you.  the pension value is thrown into the pot of assets but it doesn't have to be split if it can be agreed that other assets are given to you instead.

you can put a restraint on how much money he is spending if you apply to the court.  my friend got a court order that stopped him spending his pension pot and savings until the divorce completes.  it worked against him as he ended up borrowing money to spend as he was not allowed access to his money, duh....

BeardSniffer

I couldn't afford a solicitor, I left due to finanical abuse and DV taking only a small amount of personal possessions and my car (had to sell that to pay a rental deposit though so no asset value).

Malthusian

Unfortunately this is one of those cases where you can't afford not to have a solicitor. People down the pub are not going to be able to help with this.

Judges look extremely dimly on both ignoring court orders and on non-disclosure of assets. It is impossible to say from behind a screen why that isn't happening here.

Have you spoken to any domestic violence charities?

Legal Aid is available for victims of domestic violence who are divorcing in England and Wales, and in Scotland and Northern Ireland it is available to anyone divorcing who can't afford their own legal costs (whether or not DV is involved).