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Divorce/separation

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

Decree absolut and pension question

3 replies

SpringGlow50 · 12/03/2022 14:04

My position is that my solicitor has nearly completed the consent order and my STBX's solicitor is sorting the pensions annex - again, nearly completed. We're basically good to go for the decree absolut.

I emailed my solicitor this question last week but didn't get a response and I'm wondering if anyone can help me?

In the agreed financial settlement (had mediation and independent financial advice etc), my STBX has to transfer some AVC's into a pension scheme for me.

My question is will I need to wait for this to have physically happened before I can apply for my decree absolut (i.e. the funds to have actually been transferred) OR is it enough for our pension sharing annex to state this is GOING to happen. It's just that I'm aware the process of AVC transferring can take some time and I'm getting so impatient now.

I hope this makes sense?

OP posts:
iloverock · 12/03/2022 14:12

You need the consent order to be sealed by the court and then apply for absolute.
The absolute and consent orders are then sent to pension company for them to implement the sharing order.

Elieza · 12/03/2022 14:15

It’s near the end of the financial year. Perhaps that’s got something to do with delays. Maybe he would come out of this better if he did it next financial year so is taking his time!

He’s presumably got a couple of weeks til the 4 April to get it paid in. weeks

thelonggame · 16/03/2022 15:39

The way it worked with ours was we had the Consent Order and Pension Sharing Annex drawn up, his solicitor lodged it with the court and once it was sealed (took 4 days) I applied for the Absolute, which took about 2 hours!
Once they are legally binding the Absolute, Consent Order and Pension Sharing Anex was sent to his pension Trustee's, they won't start anything until it's gone through court and the absolute is issued. Just been told by them that they have 4 months to make the transfer once they have all the documents in place.

Anything else can be done at any time you agree, he took out a mortgage and bought me out of the family home pretty quickly after we split so I could get on with house hunting.

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