Browsing Archive: September, 2010

Pension sharing - do I really need an expert's report?

Posted by Rory Miln on Monday, September 27, 2010, In : definitions 
Yes, probably, if there is going to be pension sharing.  By law, a pension sharing order must be expressed as a percentage of the Cash Equivalent Transfer Value (CETV) or Cash Equivalent of Benefits (CEB - used in the case of pension already in payment).  It is not possible for a lay person, which in this context includes a solicitor, even a specialist divorce solicitor, to calculate what percentage is required to achieve a particular result such as equality of income in retirement.  It requi...
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Week beginning 27th September 2010

Posted by Rory Miln on Monday, September 27, 2010, In : this week's movements 

Greetings

A normal week this week - I'm in the office every day.

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Pension sharing - still more about CETVs

Posted by Rory Miln on Monday, September 20, 2010, In : definitions 
At the moment it is not possible to obtain a CETV for a public sector pension.  The pension providers are revising their systems to take account of the Chancellor's announcement in the emergency budget that in future all increases will be in line with CPI and not RPI.  When the providers have worked out how to deal with the change, they will resume providing CETVs.  This could be in October, but nobody is certain.

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Week beginning 20th September 2010

Posted by Rory Miln on Monday, September 20, 2010, In : this week's movements 

Greetings

A normal week this week - I'm in the office every day.

Continue reading ...
 

Pension sharing - more about CETVs

Posted by Rory Miln on Monday, September 13, 2010, In : definitions 
If the finances of your divorce involve a pension or pensions, it will be necessary at the outset to obtain the Cash Equivalent Transfer Value (CETV) for every pension that either of you have ever had.  The spouse with the pension should ask their pension provider to supply the CETV for that pension.  Unless the provider has supplied a CETV within the previous 12 months, the CETV must be provided free of charge.  

You should resist the temptation to start negotiating a financial settlement bef...

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Week beginning 13th September 2010

Posted by Rory Miln on Monday, September 13, 2010, In : this week's movements 

Greetings

A normal week this week - I'm in the office all week.
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Pension sharing

Posted by Rory Miln on Monday, September 6, 2010, In : definitions 
When a couple get divorced, the court has the power to rearrange their pension provision.  This can be done by way of a pension sharing order.  The court orders the trustees of the pension scheme to take a percentage of the transfer value of the pension and give it to the other spouse.

What happens next depends on the rules of the pension scheme.  Some schemes require the receiving spouse to become a member of that scheme, so that they have a pension of their own within the same scheme.  Other...
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Week beginning Monday 6th September 2010

Posted by Rory Miln on Monday, September 6, 2010, In : this week's movements 

Greetings.  I'm out of the office all day on Monday 6th September but in as usual for the rest of the week.
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Rory Miln


Principal Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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acknowledgment of service additional state pension adultery affidavit of service affirmation agree in advance the text of the 'particulars of unreasonable behaviour' part of the petition agreed draft order ancillary relief ancillary relief order by consent answer appointment more or less straight away biological father broken down irretrievably cafcass cash equivalent transfer value cetv child maintenance child maintenance payments to be deducted at source? child support child support agency children and family court advisory and support service clare's law clean break client or customer? cmec co-respondent cohabitants' rights cohabiting couples common law husband common law marriage common law wife conditional order condoning unreasonable behaviour consent order contact contribution converting a joint tenancy into a tenancy in common costs costs and public funding costs hearing costs in ancillary relief proceedings costs in the application costs of the main suit costs reserved court court cases involving children court fees court of appeal court welfare officer courts csa decree absolute decree nisi defend defended divorce deliberately withdrawn from the marriage desertion directions directions appointment disclosure dissolution divorce divorce costs divorce procedure do i have to go to court? document documentary evidence domestic violence don't deal piecemeal with your finances don't skip financial disclosure dwp dx england and wales expert report facebook fairness family mediation father sign birth certificate? fdr appointment file file your answer within 28 days finances financial arrangements settled by agreement financial disclosure five years' separation foreign marriage form br20 form tr1 full financial disclosure get divorced but not straight away go to school grandparents' contact grave financial or other hardship having the occasional meal together hold up decree absolute home rights if your spouse has disappeared inheritance international child contact intolerability and adultery intolerable to live with the respondent irretrievable breakdown joint tenancy joint tenants jointly-owned property judicial gem land registry form tr1 law commission life assurance living at the same address living together after you have filed your divorce petition lottery loyalty points maintenance man on the clapham omnibus marriage matrimonial 'pot' matrimonial home rights mediation mediation before applying to the court medical treatment most cases settle by agreement multiple islamic marriages name the third party nectar points new court forms new court rules no answer or reply no order principle no pension sharing without a court order - no court order without a divorce no-fault divorce non-owning spouse non-religious version of an swearing an oath number of divorces in england and wales ombudsman out of the jurisdiction parental responsibility particulars pension attachment pension expert's report pension report pension sharing pension sharing - don't guess! personal possessions personal service petition petitioner polygamy post prayer prevent the marriage from being dissolved proceedings prohibited steps public sector pension rearranging a couple's pension provision reasonable reasonable steps to find your spouse reconciliation relocation reply report and recommendation for the court residence respondent rules of intestacy separation separation agreement serve set down setting aside a transfer sever the joint tenancy shared care silver separation six months rule sleeping apart is not enough solicitor sometimes the petitioner would have liked a reconciliation specific issue order start statement of information statement of information for a consent order surrogacy swear on oath take the child out of the uk taking children to live abroad tenancy in common tenants in common the 1996 hague convention the five 'facts' the petitioner controls when the marriage is finally dissolved time to think about what we're doing transfer value trial by correspondence two marriage ceremonies two years' separation with consent unable to afford to run two separate households undertaking not to apply for decree absolute unequal shares unmarried couples unperfected order unreasonable behaviour voluntary sexual intercourse wait for two years before getting divorced welfare of the child what will happen if you die while you still own the property

About Miln MacLeod


Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page
 
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