Pension sharing annex - no solicitor

LADYXXMACBETH

I started proceedings for a divorce in 2021. I have been awarded 33.3% of my ex husbands pension. I don't have a pension as I was a SAHM. No other assets. I've been asked to send the Pension sharing annex by my exes pension company so they can release the funds.

I have looked at the form and I don't understand some of the things on the form and don't know where to obtain them from.

I cannot afford a solicitor and I'm starting to wonder if the £45,000 is worth it. I just keep getting sent round and round in circles with people unable to give me any legal advice.

I can apply for the final order, but on the government website it states that I shouldn't until I sort out the finances. I'm so lost. Do I just send the form in as best I can and hope for the best. I've run out of ideas.

Kismet_Hardy

When you say that you have been awarded 33% of your husband's pension, do you mean that the court has made an order in financial remedy proceedings? If so, you should have been sent an order and a pension sharing annex.

Marcon

Post a screenshot of the bits you don't understand, redacting any info which could identify you or any other party, and hopefully someone here can interpret. Alternatively, if it's the standard P1 form, just refer to the numbers of the questions which are causing confusion.

LADYXXMACBETH

Apparently I need a consent order. Also see the below for the things I don't understand it's H, I and J

I did not receive anything from the court. Haven't since July 2024.

Marcon

If those questions aren't relevant they can be left blank. Have you actually set up a pension scheme to receive the funds as suggested in July 2024? They can't be transferred without it.

https://forums.moneysavingexpert.com/discussion/6544548/pension-sharing-order-no-current-pension#latest

LADYXXMACBETH

Yes I set up a private pension 17 months ago. They told me it would be simple but his pension company ISIO just keep coming back and saying they need a decree absolute / final order.

Kismet_Hardy

I cannot tell whether financial proceedings have been started, either by you or your soon to be ex-husband, as it may be that you are referring to the divorce proceedings when you mention the court. Please be aware that the divorce proceedings and the financial remedy proceedings (that determine how the financial resources shall be divided on divorce) are two different things. You should not apply for a final order in the divorce proceedings until you have a final order in the financial proceedings.

You will not get a pension share until you have a final order and a pension share annex in the financial remedy proceedings. In any event, everyone who separates from a spouse should sort their financial situation by obtaining a final financial order as otherwise these things have a tendency to raise their heads later to cause problems.

You do not necessarily have to engage a solicitor to assist you with obtaining a financial order, but I hope you have taken some advice to help you work out whether the division of assets between you and your ex is fair. If you both want to avoid instructing solicitors, you can send a consent order and a Form D81, which is a statement of information about your joint assets/income etc, to the court. You can find information on these on the WWW. However, the court is not merely a rubber stamp. It won't approve the order unless it believes it is fair in all the circumstances.

And yes, it is worth you having a share of the pension.

LADYXXMACBETH

It was agreed I would get 33.3% at mediation but I've received nothing from the court with regards to this. I'm very confused. I looked at the D81 form which is similar to a form I've already done before with all our money on it. I had the DIR hearing ages ago but never got anything from the court I will.phone them and tell them and go from there. Don't want to go to a solicitor and find there's 10 other things I need to do as I don't have the funds for this and won't get any funds to pay for it.

Marcon

Mediation might have got you to an agreed financial settlement, but it sounds as though nothing has happened beyond that point. With £45,000 at stake, it's worth persisting, although you clearly feel at the end of your tether with the whole process.

Free legal advice can outline the steps you need to take to ensure you receive the agreed money. Have a look at https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

Some of the clinics listed operate by telephone and/or email, so if there isn't one close to you which deals with family law, try one of those.

Once you have the facts as they apply to your situation you can take a view on how - and indeed if - to proceed.

Cobbler_tone

Sounds to me as though you are trying to skimp costs to get the divorce done. You need a consent order (financial settlement), well, technically you don't but you would both be advised to do so to prevent future issues. The D81 will cover this.

I did mediation with the framework but there were several iterations after that as the circumstances can often be fluid. Overall it took over 5 years (sounds as though you are already at that timeframe) and cost around £6k. Painful at the time but definitely worth it in the long run. If you try and rush it through, one of you may end up better/worse off and it could lead to further emotional turmoil.

I kept my pension out of it and settled in property, assets and cash.

Kismet_Hardy

I understand now. You may have agreed something at mediation, but it sounds like the court hasn't been involved at this stage. If you are happy with what was agreed at mediation, you need to get together with your ex, draw up a draft consent order, fill in Form D81 and send them to the court. The court will then look at the draft consent order and the information you have supplied in the Form D81 and decide whether or not to approve the order.

Most people will be unable to draft the consent order themselves, even if they can fill in Form D81, and will need assistance, usually from a solicitor. However, the mediator may agree to do this for a fee. I suggest you talk to you ex about this and agree what to do next.

Good luck!