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West Yorkshire

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Legal procedure to implement a pension sharing order

  1. A prayer for pension sharing needs to be included in divorce petition
  2. The pension sharing order needs to be formally applied for by completing Form A and filing with the Court.
  3. Form A needs to be sent to each pension scheme upon which a pension share is being considered
  4. Court sets date for First Appointment and notifies the parties
  5. 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
  6. Husband must pass information to wife within 7 days of receipt
  7. 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
  8. Scheme must supply CETVs within 3 months
  9. Form E needs to have pensions information attached
  10. Main body of order should include statement that there is to be pension sharing in accordance with the annex(es)
  11. Once order agreed, draft should be sent to the scheme to check wording is implementable. Scheme has 21 days to reply
  12. Within 7 days of order being made, the court must send to each pension arrangement for which an annex exists:
    1. Copy of decree nisi and decree absolute
    2. Copy of sealed pension sharing order and relevant annex
  13. 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
  14. The order takes effect 21 days after the later of
    • the date that the order is served on the scheme
    • decree absolute
  15. Scheme has 4 months to implement order once it has taken effect
  16. Scheme has 21 days after implementation to notify husband and wife that order has been implemented and the effect on their pension benefits.