Legal procedure to implement a pension sharing order
- A prayer for pension sharing needs to be included in divorce petition
- The pension sharing order needs to be formally applied for by completing Form A and filing with the Court.
- Form A needs to be sent to each pension scheme upon which a pension share is being considered
- Court sets date for First Appointment and notifies the parties
- Within 7 days of agreeing the date of the first appointment husband should request from each scheme information pursuant to Pensions on Divorce etc (Provision of Information) Regulations 2000
- Husband must pass information to wife within 7 days of receipt
- Within 21 days of receiving notification that a PS Order may be made scheme must supply certain information to the scheme member:
- Is there an existing pension attachment on the pension
- Charges to implement a share
- Whether scheme is winding up
- Whether trustees might request information on health
- Documents scheme needs to implement pension
- Scheme must supply CETVs within 3 months
- Form E needs to have pensions information attached
- Main body of order should include statement that there is to be pension sharing in accordance with the annex(es)
- Once order agreed, draft should be sent to the scheme to check wording is implementable. Scheme has 21 days to reply
- Within 7 days of order being made, the court must send to each pension arrangement for which an annex exists:
- Copy of decree nisi and decree absolute
- Copy of sealed pension sharing order and relevant annex
- Scheme will need to be notified what form the pension credit is to take be this retained in the husband’s scheme or transferred to an external pension arrangement
- The order takes effect 21 days after the later of
- the date that the order is served on the scheme
- decree absolute
- Scheme has 4 months to implement order once it has taken effect
- Scheme has 21 days after implementation to notify husband and wife that order has been implemented and the effect on their pension benefits.
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