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Trying to take a pension when separated from husband
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howesy45
Posts: 4 Newbie

Partner is looking to take her deferred work pension but the for asks for her husbands name and signature or a divorce certificate.
Her husband left her 10 years ago and for reasons best known to himself is refusing a divorce. They are not on good terms and he would not sign the form even if my partner wanted him to.
Question is - does this actually mean the pension can't be released... because a guy won't divorce or authorise the pension?
Appreciate any advice on this :-)
Her husband left her 10 years ago and for reasons best known to himself is refusing a divorce. They are not on good terms and he would not sign the form even if my partner wanted him to.
Question is - does this actually mean the pension can't be released... because a guy won't divorce or authorise the pension?
Appreciate any advice on this :-)
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Comments
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Has she tried talking to the pension provider?All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
howesy45 said:Partner is looking to take her deferred work pension but the for asks for her husbands name and signature or a divorce certificate.
Her husband left her 10 years ago and for reasons best known to himself is refusing a divorce. They are not on good terms and he would not sign the form even if my partner wanted him to.
Question is - does this actually mean the pension can't be released... because a guy won't divorce or authorise the pension?
Appreciate any advice on this :-)
Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0 -
Only reason I can think of is that your friend wants to trivially commute her pension ( ie, take it all as a lump sum rather than a monthly pension for life).
Taking trivial commutation also means that the scheme wouldn't be liable to pay widower's pension benefits in the event of your friend's death, hence the request for his approval.
She needs to speak to the pension provider to explain the situation. There will be a way round this.0 -
Surely after ten years separated she can divorce him without his agreement?"You've been reading SOS when it's just your clock reading 5:05 "4
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Her husband left her 10 years ago and for reasons best known to himself is refusing a divorce.
If he left her 10 years ago he doesn't get a say in a divorce. She divorces him, pays a court bailiff fee to serve the papers, and if he doesn't respond then the court proceeds with the divorce. There are other ways too. It costs a bit more, but I would have considered it worth it (and did!).7 -
She needs to get divorced and get a financial settlement order otherwise it could mean that he might be entitled to part of this pension.1
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A divorce is the way to go for sure. Who knows what the husband is up to these days. I wouldn't want even the possibility of something he has done/is doing coming to my door!Think first of your goal, then make it happen!0
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OP asked a pension question, but the thread then seems to have spawned a whole load of divorce-related 'advice'. It doesn't seem to have dawned on those confidently asserting that divorce is no problem, the way to go etc etc that there may be religious reasons why consent is needed from the husband.
Maybe stick to answering the question actually asked, especially when there is no background information (rightly so) to explain why a divorce may not be possible.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0 -
Hi,Marcon said:OP asked a pension question, but the thread then seems to have spawned a whole load of divorce-related 'advice'. It doesn't seem to have dawned on those confidently asserting that divorce is no problem, the way to go etc etc that there may be religious reasons why consent is needed from the husband.
Maybe stick to answering the question actually asked, especially when there is no background information (rightly so) to explain why a divorce may not be possible.
I am unaware of anywhere in the UK where religious beliefs are a legal impediment to a divorce.
I absolutely accept that the OP may have religious beliefs which make divorce impossible for them but that choice may not sit well with processes developed by those (e.g. people running pension schemes) who look at what the law requires.
Talking to the pension scheme may yield a solution regardless of a divorce but there is the possibility it might not.7 -
Thanks for all the feedback so far.
Don't want to got too much further into the personal side of things but the ex has already objected to a Simple Procedure Divorce (or blocked it). It's a Civil Service pension, and she is not looking to take it early (matures in Jan 2025) or trying to take it all in a lump sum (she can only convert 25% of it anyway).
My partner could go for an Ordinary Cause divorce but it's costly and may take some time.
She has contacted the pension people but not heard back.0
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