Ex refuses to sign pension form?

Questioner

In 2010 I got divorced and we included in the agreement that we would equalize the pension. You had to do this within 2 years by means of a form, but we never did that. Now we can still do this, but my ex does not want to cooperate. Am I in the right and what if he does not sign the form?

Lawyer

According to the Pension Rights Equalisation Act in the event of divorce, ex-spouses are entitled to equalisation of their old-age pension. This means that the pension accrued during the marriage must be divided equally between both partners, unless other agreements have been made in the divorce settlement. In your case, you and your ex-partner have included in the agreement that you want to equalize the pension. According to the law, you had to fill in a form within two years after the divorce to have the equalization take effect. However, if you did not do this at the time, this does not automatically mean that you lose your right to equalization. You still have the right to fill out the form and send it to the pension provider, even if this is after the two-year period. It is important to know that signing the form by your ex-partner is not required for the settlement. You can submit the form independently. If your ex-partner refuses to cooperate and does not want to sign the form, you can still contact the pension provider and inform them of the situation. They can give you further instructions on how to arrange the settlement without your ex-partner's cooperation. It is wise to collect written evidence of your efforts to arrange the settlement, such as emails or letters to your ex-partner requesting their cooperation. If you are unable to reach an agreement with your ex-partner or if other complications arise, it is advisable to seek legal advice from a specialist family lawyer. They can provide you with specific advice based on the details of your situation and assist you in the event that further legal action is required.