leyre47

I live in the USA as does my ex husband we were married in the Uk and divorced in the USA my divorce states I am to have 50% of my husbands pension in the UK. The UK will not recognize a US divorce settlement until my husband and I have a signed statement to have the UK courts implament a pension sharing order, my husband is well aware of this and since 2007 he refuses to sign anything,so as to keep his pension,I have spent a lot of money with Lawyers in the Uk and cannot get my husband to sign anything,I do not have the resources to take him to court in the Uk to force him .....does anyone have any advice for me.

thanks

ian-mstm

Take him to court in the US! The divorce is a binding agreement... let the US court enforce his cooperation. You may be able to recoup 50% of his pension after payout, rather than shared at the source.

Ian

leyre47

Hi Ian,

Thanks for the reply,if only it were that easy...I have had him back to court,the outcome is always the same,they repremend him and tell him to comply with the Divorce decision,unfortunatly this is as far as I can take it as the US court have no juristiction over Uk pension and the UK will not honour a US divorce, unless I take him to Crown court in the UK,which costs a fortune

lansbury

I suspect, even if the result is the same, it is the pension provider who will not recognize the US court order. A court in the UK will issue a UK order based on the US courts ruling. If the UK didn't recognize the US divorce in the UK you will still be married there, which isn't the case.

Not sure going to court would be as expensive as you think. These days a solicitor can represent you in a higher court, saves the cost of a barrister. Once notice is obtained from the UK court of intent to hear a case to enforce the US order, and that notice is served on your ex, he might decide to pay up and avoid the expensive of disputing the matter in England. Also while you might have up front costs for the case, what is the loss to yourself of not pursuing the matter. Plus add in back payments and interest since 2007.

Have you inquired what the costs would be. If not this firm of solicitors deals with enforcement of foreign orders. I have not personally dealt with them, but know someone who did. There is a number to call at the bottom of this web page http://www.gillhams.com/articles/415.cfm

Giantaxe

One alternative would be to ask the US court, in light of his refusal to obey the divorce decision, to order him to give you assets equal to half the actuarial value of his UK pension.

ian-mstm

+1 ... I like the way you think!

Ian

leyre47

Thank You for the input, I had a Lawyer in the UK who tried to offset his pension from the equity we had in the house in the UK,he would not agree to this,therefore the Judge's decision was a pension sharing order this was back in 2007, to date it has cost me $45,000 and I am now borderline broke.

Linda

ian-mstm

I think Giantaxe was suggesting that you ask a US court to give you the equivalent of your half share from his US assets/earnings... not the UK. You said your ex is in the US... a US court can enforce asset division, wage garnishment, etc.

Ian