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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 32074
Experience:  25 years experience of all aspects of family law
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hello. is my ex husband allowed to take 25% from his pension

Customer Question

hello. is my ex husband allowed to take 25% from his pension fund at 55 as is allowed even though there is a court order in place for my two sons to receive his lump son when he retires thus reducing the amount in the lump sum and taking money off their entitlement. he is 58
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Hi
This is the answer I was typing when you opted me out - and in fact yes Family law is indeed the field I specialise in
I asked a colleague to post it on the other question for me so that you have the information
Hi
This is not available to everyone who has a pension as I am sure that your son has explained to you
Indeed it is highly unlikely that your ex is able to do this
However if at the time he retires it transpires that he has already done this then it is clearly a breach of the Court Order.
However unless there is clear evidence already that he has in fact done this there is no action that you can take NOW regarding this.
I appreciate that this is frustrating but sadly there is no other option.
However when the retirement does happen you can demand to see ALL the paperwork - which will disclose the fact that it has happened
Claire

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