Do I need a consent order?

[AugustRanger]

Sorry I know there is a post further down about this. I'm just starting the divorce process and pretty clueless about the terminology. I haven't told anyone we've separated but wouldn't have anyone to ask for advice about this anyway 😥. I want to start as soon as possible but worried about finances and hoping to keep costs as low as possible. We don't own a home or have any savings. He has a bit of debt in his name but loans he took out without discussing with me. Although I'm 20 years away from retirement I will have a good pension (been paying in for 23 years already). Do I need a consent order? I don't want to take on his debt which in fairness to him, although he is a total bastard I don't think he would expect me too. I'm more concerned with protecting my pension. Could he still make a claim 20 years after a divorce?

How you get to that consent order will depend on how expensive it is. In order low to high.

• Agree division between you amicably
• Mediation process to get to decision
• Solicitor lead negotiation (this gets ouch)

Try and keep it amicable, but even then prepare for the worst, as people that set out saying they want nothing, suddenly get coached by friends/family to get what they can. If the solicitors get involved, they'll also lean towards them getting paid for their services and it all gets a bit messy.

A consent order protects you from future claims so is advisable

Pensions are assets in the marriage so should form part of the 50:50 split.
Do you have children?

It's worth asking your pension company to provide you with CETV so you can know the value.

I know it might seem unfair but pension contributions that you made are effectively savings accrued through the marriage (assume it's money purchase not final salary) and those contributions could have been household income.

20 years does allow you an opportunity to rebuild however.

If you won the lottery in 20 years time or got a massive inheritance, and are in England and Wales he has a right to try and claim some particularly. So yes you need a consent order even more so because you have a pension.

There is a case of the guy who set up the energy company who is a multi-millionaire were his ex-wife won the right to claim millions over 15 years later.

Thanks for advice everyone