How to instruct a PODE

Quick answer:

To instruct a Pensions on Divorce Expert (PODE) properly, you need a clear joint instruction, full pension information, signed authorities, and an agreed scope of work. The better the brief, the faster and more useful the report is likely to be.

Introduction

If you're instructing a Pensions on Divorce Expert (PODE), the usefulness of the report you receive will depend heavily on the quality of the brief you provide. A clear, complete and genuinely joint instruction saves time, avoids misunderstandings and ensures a result which will deliver the information you need to make fully informed decisions about your pensions. Here’s how.

1) Make it a joint instruction

A PODE will usually be instructed as a Single Joint Expert. Appointed by both parties rather than representing one side, like a solicitor does. This is crucial for impartiality and means the report can be relied upon in court as a neutral expert perspective if applicable.

If solicitors are involved, they'll normally agree the wording of a Letter of Instruction. If you're acting without solicitors, don't worry: we provide a simple template that replaces the need for formal legal drafting.

2. Gather the right pension information

The most common reason for delays? Missing or incomplete pension data. To speed things along please collect:

• A list of all of your pensions, their providers and plan numbers

• Statements or CEVs (Cash Equivalent Values) for each pension

• Service and salary history if it's a public sector or final salary scheme

• State Pension forecasts (which you can get free online from gov.uk)

• Any information about guarantees, AVCs, or special features

3. Be clear about the scope of work

Not every case needs the same calculations. The Letter of Instruction (or our template, if you're using that) should spell out what the PODE is being asked to do. For example:

• Equalisation of pension income in retirement?

• Equalisation of capital value?

• Offsetting against the house or other assets?

Being specific avoids wasted time and ensures the PODE gives you the right options. Only including the calculations you really need avoids unnecessary work and delay.

More is not always better when it comes to the calculations. In fact, too many can result in conflict and confusion.

4. Avoid common pitfalls

• Don't cherry pick pensions. All pensions should be disclosed, even if you think they're "too small to matter"

• Don't assume CEVs tell the full story. Defined benefit pensions in particular may need expert interpretation and more information

• Don't delay. It can take months to obtain data from schemes. Provide initial information at the outset and sign the Letters of Authority as rapidly as possible

5. Keep communication simple

• Provide one consolidated brief (rather than multiple piecemeal requests)

• Make sure both parties agree the wording before it goes to the PODE

• Ask the PODE if you're unsure. It's far better to clarify than to guess

Want to know what to expect once your instruction is in? See our step-by-step guide to working with a PODE.

The bottom line

A well briefed PODE can save everyone time, money, and stress. The essentials are:

• Joint instruction

• Accurate and up to date pension information

• A clear agreed scope of work

And if you don't have a solicitor (or don't want them involved in this step), our ready-made template makes briefing us as simple as filling in a form.

FAQ’s

• What information do I need to instruct a PODE?

  You usually need details of all pensions, recent statements or Cash Equivalent Values (CEVs), State Pension forecasts, personal details for both parties, signed Letters of Authority, and a clear agreed scope of work.

• Does a PODE have to be jointly instructed?

  A PODE is usually instructed as a Single Joint Expert, which means both parties appoint the same expert and receive the same report. This is often cheaper, more neutral, and more useful in court than each party instructing their own expert.

• Can I instruct a PODE without a solicitor?

  Yes. If you are representing yourself, you can still jointly instruct a PODE as long as both parties agree. Our instruction template can make this easier and reduce the need for formal legal drafting at this stage.

• What should the letter of instruction ask a PODE to do?

  It should set out the questions the PODE needs to answer, such as whether pension sharing or offsetting should be considered, which pensions are included, which retirement ages should be modelled, and whether equal income or equal capital value is being assessed.

What to do next

Whether you're working with solicitors or representing yourself, if you’re not yet sure what type of report you need, our free assessment takes just a few minutes and will confirm the right next step for you.

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