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Our client had already been through divorce finances proceedings and had a financial consent order in place. As part of that order, a pension sharing arrangement had been made in favour of his ex-wife, so he believed matters had been settled.

However, his ex-wife never took the steps needed to put the pension sharing order into effect. This delay had serious consequences. He was ready to retire and access his pension, but he could not move forward while the order remained in limbo. He came to us for clear advice on how to break the deadlock and finally bring matters to a close.

The steps taken to move things forward

Natalie Nero attempted to engage his ex-wife and encourage her to cooperate with the pension provider. She didn’t respond, ignoring emails, and she had moved home, which meant even reaching her by post was no longer possible.

With direct contact ruled out, we applied to court. Rather than let that stall things, we obtained permission to serve her publicly, even though she was no longer living at her last known address, which meant the case could continue despite her absence.

The matter then came before the court on several occasions. We made clear to the court that our client should not be left indefinitely unable to retire simply because the other party refused to engage. The court agreed and set aside the pension sharing order.

As a result, our client was able to retire and retained his full pension, including the share that had previously been earmarked for his ex-wife. Her failure to engage with the process ultimately meant she lost the entitlement she had originally been awarded.

In the words of our client:

“I would like to thank you and your team for your support over the last 5 years. Without it, I wouldn’t be where I am.”

Natalie Nero
Natalie specialises in all aspects of Family Law including divorce, finances, children dis...
Team Leader Partner, Berkshire, Buckinghamshire & Hertfordshire

How we helped bring the matter to a close

This case shows that non-engagement by the other side doesn’t have to mean permanent deadlock. With persistence and a clear strategy, it may be possible to bring a long-running matter to a close and secure the outcome you need.

If you need advice on enforcing or setting aside a financial order, our team is here to help. Reach out to us to talk through your options and find out where to start.

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