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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Trying to connect with anyone who has had to access a spouse's pension in Jersey, Channel Islands

7 replies

Foolishspouse · 03/10/2023 16:15

Sorry - this is a long one, but here goes. My situation is complicated because my estranged spouse, is a British National non-domiciled who now lives overseas and his company pension is administered in the Channel Islands, has now made the decision not to honour our 'gentlemen's agreement’ (just made between ourselves at the time of our separation in 2006) of dividing his company pension 50:50, he was already claiming his pension as he had taken early retirement.
At the time of our separation we amicably divided all our assets 50:50, which we had valued at the time and both accepted those valuations.
During his 30 year overseas career, I was a dependent spouse accompanying and fully supporting him as his career took him to various different countries, where for the most part it was stamped on my Visa I was "not permitted to work", although I was able to do voluntary work. I did not build up a private pension pot of my own.
I am now 66 and have made my financial plans since our separation based upon receiving 50% of this pension.
We've been together since I was 16 and I was 21 when we married in 1978 and we separated in 2006 but are still not divorced.
He has said he cannot afford to keep paying me the agreed 50% of his company pension and he now wants to file for divorce.
He has already, with a week’s notice slashed my monthly share of the payment by more than 60% leaving me in a financially vulnerable situation.
As he is now living overseas and his pension is administered in the Channel Islands I think the multi national nature of this case will make it difficult for me to contest and to get a Financial Settlement that will be enforceable.
I currently have a very modest income and some savings.
I am terrified of getting involved in a legal case that I won’t be able to afford and if I don’t get awarded recompense it would eat up my savings and have a very negative effect on my life as I move into old age.
I have contacted some law firms that would be able to deal with the international elements of the case but the hourly rates are way beyond my budget and they have approached it saying what an ‘interesting’ case it would be, which I read to mean could take years and cost hundreds of thousands, which is just beyond me.
I would be enormously grateful for any amount of advice/help/direction. Thank you.

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FSTraining · 04/10/2023 00:02

Really you would need to speak to a Jersey qualified advocate or solicitor but my understanding is you cannot apply for pension sharing in Jersey (or Guernsey). You'll be better off pursuing maintenance payable from this pension through an English court, assuming there has not been a clean break.

Foolishspouse · 04/10/2023 05:46

Thanks so much for responding. Yes, that's my understanding, "No Pension Sharing" in Jersey. I've decided to issue for Divorce, as otherwise he might issue overseas and I will apply for Financial Remedy, so I guess that's where I'll be pursuing for Maintenance Payable from the Pension - but I don't understand how this can then be enforceable with the pension being administered in Jersey and him being non-domiciled? Just been too trusting through the entire relationship! Now caught out in a pretty calamitous situation.

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FSTraining · 04/10/2023 11:21

Foolishspouse · 04/10/2023 05:46

Thanks so much for responding. Yes, that's my understanding, "No Pension Sharing" in Jersey. I've decided to issue for Divorce, as otherwise he might issue overseas and I will apply for Financial Remedy, so I guess that's where I'll be pursuing for Maintenance Payable from the Pension - but I don't understand how this can then be enforceable with the pension being administered in Jersey and him being non-domiciled? Just been too trusting through the entire relationship! Now caught out in a pretty calamitous situation.

It doesn't matter if you apply for divorce in England though, the pension still cannot be shared if it is in Jersey. You can however get a maintenance order from an English court based on the income that the pension is paying.

In the event he does not pay maintenance per the court order - assuming one is ordered - you need to go to REMO to enforce it (REMO is well known for enforcing child maintenance, but in fact it can be used for any kind of court order such as spousal maintenance, periodical payments arising from an accident etc).

Foolishspouse · 04/10/2023 12:06

Thanks again - I was worried he might file for divorce in the South American country where he is resident - that's why I decided to go ahead and apply in the UK, as that would have made it even more unlikely I would get anything! Would you know if I could get a maintenance order that I could somehow get paid by the Pension Trustee rather than relying on spouse to honour it - it's not likely that he will and enforcing any order against him when he's not in the country seems nigh on impossible - all I see is the gloom, I'm sure there must be some light ahead!

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Foolishspouse · 04/10/2023 13:04

Have just googled REMO and yes, the country he lives in is on the list, so it might be some good news! Many thanks - little candle of light!

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FSTraining · 04/10/2023 15:11

Foolishspouse · 04/10/2023 12:06

Thanks again - I was worried he might file for divorce in the South American country where he is resident - that's why I decided to go ahead and apply in the UK, as that would have made it even more unlikely I would get anything! Would you know if I could get a maintenance order that I could somehow get paid by the Pension Trustee rather than relying on spouse to honour it - it's not likely that he will and enforcing any order against him when he's not in the country seems nigh on impossible - all I see is the gloom, I'm sure there must be some light ahead!

I think that is very unlikely because you would need an attachment order and, going full circle, you're back to the point where the UK courts can't touch a Jersey pension. But all of the South American countries are in REMO to enforce a maintenance order.

Foolishspouse · 04/10/2023 17:12

Thanks

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