My feed
Premium

Please
or
to access all these features

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce/separation

Absolute and Consent Order

6 replies

Gemmafionadeeble · 11/01/2018 11:20

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 posts:
Report
wobytide · 11/01/2018 12:20

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?

Report
Phillipa12 · 11/01/2018 12:42

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.

Report
Gemmafionadeeble · 11/01/2018 13:10

@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 posts:
Report
wobytide · 11/01/2018 16:29

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?

Report
MissTeBe · 11/01/2018 19:14

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

Report
Afterthestorm · 12/01/2018 18:47

This reply has been deleted

Message withdrawn at poster's request.

Please create an account

To comment on this thread you need to create a Mumsnet account.