Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

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

Laywers didnt advise exH had removed £ from pension already

28 replies

medianewbie · 22/01/2025 12:07

ExH had a local authority pension.

I Divorced in Scotland so first did the Minute of Agreement (£ separation) then the Divorce part (where £ Minute of Agreement settlement is put into place). There was a gap of 13m between. Lawyers really hopeless. I now discover exH began his pension (on ill health basis) 18m ago (paid £15k p/a pension) plus he drew down £20k then. The 'pension pot' was only split (50:50 one month ago.

Pension Co 'can't do anything' but did say they wrote to Lawyers to advise & said Lawyers might want to look at division arrangements again.
I've looked back & Lawyers emailed me around then to say: 'all good, go ahead & sign Minute of Agreement (legally binding). Attached to the email was the note from pension Co but I didn't notice at time as my young person was in hospital.

My Qus are: should the Lawyers have advised me better ?
can I recover any of the 20k ? does the fact that exH has had 18m worth of pension payments make any difference (its a LA defined benefits pension)

OP posts:
medianewbie · 25/01/2025 10:50

@ByQuaintAzureWasp lawyer asked exH to contact Pension Co to provide CETV figure. He did. Figure was put into Draft Minutes. A few weeks later he retired & took £20k from pension. Told no one. Lawyer sent draft Minutes to Pension Co. PCo wrote to say: 'Minutes need amendment (strike out line 7 'Pension to be paid") as Pension now IN payment (you may wish to advise your client to renegotiate). Lawyer didn't reply to Pension Co.
Merely sent me email: 'line 7 amended, all sorted, Sign now). The email had the attachment from PCo but I didn't see it.
My point is, surely the Lawyer should have drawn it to my attention and advised me I was going to lose at least 10k of Pension interest over 9 years.
(ExH is back at work now too, I'm still 24/7 with our young people & possibly will be for next decade when I'll be 67)

OP posts:
SuperMaybe · 25/01/2025 11:02

It sounds negligent to me not that I'm a lawyer. Id have expected the lawyer to draw it to my attention. I think anyone would.

I'd go through the steps listed on the website of the legal ombudsman and see what happens

www.legalombudsman.org.uk

medianewbie · 25/01/2025 11:05

@millymollymoomoo you are correct of course and I thank you for your post. I guess I was hoping to get advice on the legal or divorce boards before I put myself through further turmoil of engaging with the lawyers again.

OP posts:
New posts on this thread. Refresh page