HELP! ExH drew down pension during Divorce

[medianewbie]

I am Divorcing in Scotland. Here, you sign a Separation Agreement in which finances are sorted. It's legally binding. Then, when you Divorce the finances are actually allocated. Sep Ag drafted but not signed for ages (went on forever- much to'ing & fro'ing between lawyer & pension Co both of whom poor I suspect).
Last Nov I signed the Sep Ag (gave me 50% of pension & tax free 25% drawdown option - I need this)) However what I didn't know was exH had actually retired last July. Was drawing pension & had taken out a chunk of whole pot. Lawyer didn't inform me. Now it's possible I've lost chance to withdraw 25% tax free (pension provider says '1 time only option'). Should they have known?
Pension provider won't speak to me as pot not yet divided. Lawyer has been majorly incompetent in other areas too so I don't trust them.

If anyone can comment I'd be grateful?

[medianewbie]

Anyone ?

[SeatonCarew]

This sounds appalling OP. I'd suggest reposting in Legal, you will probably get a better response.

Good luck. 😊

[medianewbie]

Thanks @SeatonCarew
I don't know if it's Legal or Money or both?

[alonglongshot]

There's also a divorce section on mumsnet, maybe move your post there.

Shameful behaviour from your ex. Hope it works out for you.

[medianewbie]

@alonglongshot - perhaps I'll ask for this to be moved there, thank you. What's really upsetting is the pension had been in payment for 4m before my lawyers produced the Separation Agreement for me to sign. Why didn't they tell me ?

[Collaborate]

I’m an English divorce lawyer, so the law can be different in each jurisdiction, but I suspect what I am about to advise works the same in both countries.

There will be a duty of full disclosure. If he told you his pension was worth £x and he then took 25% of it out and didn’t disclose this then you might be able to undo the agreement and seek more. This could be a % of his lump sum.

If on the other hand your solicitor was told but he/she never told you then you cannot set it aside, but you need to be seeking compensation from your solicitor.

Sounds like you need to get advice from another family law solicitor about all of this.

[medianewbie]

@Collaborate
Thank you for replying.
All discussions re Pension figures were between the Pension providers & my lawyers. The children have told me 'Dad's retired'. Money taken out will be to clear debts so long gone. If ge has drawn down 'his 25%' it would stop me drawing down any of my Pension 25% (to help pay down mortgage) too as its a 'one off' opportunity I think?. He's now on sickness benefits I believe so no point chasing him for money. I can't ask him as he gets really aggressive. The Pension firm won't confirm details as 'not my pension till after Divorce'. When the Divorce goes through (imminent) IF its as bad as I fear should the lawyers have known ?
(ie should the Pension Co have told them?) Could I seek compensation from either of them? I hope it's OK but
I've recently made a formal complaint to my lawyers re basic but major errors in other areas: the house conveyancing papers were sent to exH to put ex-family house into his sole name not mine as already agreed & signed in Separation Agreement (then lawyers have re-sent with correct names but backdated letter by a month so he won't sign as he thinks that's odd) Divorce was sent to a particular Court as 'kids under 16' - but they are 17 & 19 so it should be a simplified Divorce instead (so my legal aid for this has been frozen & everything now stopped)
I did call another firm to ask & they said 'professional negligence' but no legal aid avail for that (I'm a Carer to our 2 disabled young people so no money but I do have legal cover under house insurance so could look into that?)
It seems my only option is to see how much of a mess it is after the Divorce? (but by then the terms of the Separation Agreement which inc the Pension cannot be changed)

[mintbiscuit]

Is it a defined benefit pension (final salary) or a defined contribution? Does he have any other pensions you can claim more of? Ie. To balance it out?

if he has had the full 25% then he cannot go back for a second. He may not have taken the full 25% though? (Unless DB in which case I think it is a one off as he’ll have converted the rest to regular income)

[medianewbie]

Apparently it's partly final salary & partly the other kind. All 'lumped together' & he took money out of the lumped together amount. I don't know if HE knows or is telling the truth. But surely, if this happened 4m before I signed the Sep Agreement then somebody should have told me officially?

[medianewbie]

Sorry last reply to @mintbiscuit