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UK Pension Sharing Order for USA divorce?

(9 Posts)
LittleFrieda Tue 16-Jul-13 08:41:25

Can someone please help a friend of mine. She and her former husband are British but resident in the USA. He works for a British company in the US. They are now divorced and their financial settlement includes her receiving a percentage of his pension (not sure what sort of scheme it is but it is a British scheme).

What does she need to do to effect the pension share?

familylawyerlouise Tue 16-Jul-13 16:07:20

The answer will depend on which country their divorce proceedings were in. Did your friend not have a lawyer assisting her with the settlement?

LittleFrieda Tue 16-Jul-13 16:52:32

Parties are British. Pension asset is British. Divorce proceedings were in the USA, using USA lawyer. All matters are resolved, the pension share percentage split is agreed but not effected.

The USA lawyer is unable to help with the UK bit.

Collaborate Tue 16-Jul-13 17:02:30

A UK pension can only be shared following a UK divorce. They could apply by consent for a financial order following a foreign divorce. The PSO would have to be made by the UK court, not the US court.

LittleFrieda Tue 16-Jul-13 17:24:21

There is specific provision under Part III of the Matrimonial and Family Proceedings Act 1984 for sharing assets following a foreign divorce, I was just wondering what is the correct procedure, assuming the UK court has jurisdiction.

Is it worthwhile approaching the pension company to see if they will accept the USA order?

babybarrister Tue 16-Jul-13 19:55:52

Message withdrawn at poster's request.

familylawyerlouise Thu 18-Jul-13 12:29:32

If your friend can establish domicile in the UK then she can apply under the 1984 act but babybarrister is right when she says it's cumbersome. It may however be the only way.

babybarrister Thu 18-Jul-13 13:40:08

Message withdrawn at poster's request.

debrajulia1966 Tue 30-Jul-13 20:11:05

I am in the same predicament as your friend, did she manage to get it resolved?

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