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Absolute and Consent Order

(7 Posts)
Gemmafionadeeble Thu 11-Jan-18 11:20:44

Hi

So I can post off for my Absolute this week! YEH AT LAST!!!

But we are still yet to sort out the financial settlement regarding my exs Pension. He's in Army so has a large military pension and we are trying to agree a lump sum payment and have this made into a Consent Order for payment in 2020 when he retires. Problem is that this won't be sorted any time soon, and we may end up in Court over it...... but I so desperately want to get my divorce absolute.

Should I wait, does it effect anything if we are legally separated but not sorted it out?

Anyone got any advice?

Thanks

OP’s posts: |
wobytide Thu 11-Jan-18 12:20:22

It's possible but ill advised. If you get the Absolute and then he dies you are then no longer the spouse so wouldn't get benefits nor his pension rights presumably. Likewise sometimes some pension shares can only be completed to spouses so if you are no longer a spouse where does that leave you

this link explains better

www.familylawpartners.co.uk/pros-cons-applying-decree-absolute-final-financial-order/

But what does your legal advisor say?

Phillipa12 Thu 11-Jan-18 12:42:16

My solicitor advised me not to apply for my absolute till the consent order was confirmed and signed by a judge, and ours was a very amicable divorce, but i still waited.

Gemmafionadeeble Thu 11-Jan-18 13:10:37

@Phillipa12
Do you know why this was the case?

I can't find much online and most say it's ok it would be just in case he died I wouldn't be entitled to anything (as not spouse) - but willing to risk that!

xx

OP’s posts: |
wobytide Thu 11-Jan-18 16:29:05

why are you willing to risk getting nothing so you can get a piece of paper? Don't get it. What are you going to gain by going ahead with it?

MissTeBe Thu 11-Jan-18 19:14:27

I had the same question

I went ahead and applied for the absolute anyway as my ex was being very slow at getting the consent order signed and back to his solicitor

I am now divorced but still haven’t sorted the consent order

There are no pensions

Afterthestorm Fri 12-Jan-18 18:47:18

Message withdrawn at poster's request.

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