Consent order after absolute

[ThisIsaNiceDress]

Is it ok this way round? Finances pretty much sorted I formally, absolute a click away… can I just do it and then sort out the consent order after? Any reasons not to??
thanks in advance

Sorted informally, it was meant to say 🤦🏼‍♀️

You can but it is not recommended. Its always best to have your consent order signed off by the courts before you apply for the absolute.

Personally, I'd wait for the court go look at and approve it

Definitely wait. You're much more protected if the absolute is the final step.

Oh, not what I had hoped to hear. But thank you for responding everyone.

If you are handing over property and/or splitting pensions you need to do it at before the absolute is granted.

If you are not you can do it afterwards but you may end up having difficultly forcing him to sign papers/go back to Court.

Wait until the consent order is made until you end the marriage completely.

Lots of reasons to, the main one being you would lose any rights to pension if the other side dies.

Yes sorry to say best to wait. It’s why so many people still aren’t “divorced” for a couple of years after separating. Most of the time it is because sitting finances can take ages. And not because they don’t want to … my absolute came through finally 3 years after the nisi because complications with finances

You’re not meant to but I did. You lose your rights to his pension if he does and there may also be some tax implications as you can make certain transfers of assets tax free if you are doing it as part of a divorce. Best to get individual advice so you know what the drawbacks may be for you personally. I figured I’d rather be divorced and lose out on the pension in the unlikely event he dies since he is mid-40’s.

See pp. Pension and tax really. It's not advised. But if you want to be "not married" for your mental health then you could. You'll still be linked financially though. And you might annoy them which is not good for negotiation. Out of courtesy I would let them know as the email will hit them within hours

@PicaK what do you mean about letting them know? When you apply for the absolute?
btw, does anyone happen to know, if we agree between ourselves about pension sharing, can this be auctioned out of court at all or does it need to go via consent order? We agreed and actioned everything else between us already without court.

You need to get a consent order approved by the court and this should include your agreement on the pensions.

Pensions have to be sorted using a Court Order. A pension provider will only implement pension sharing upon receipt of a Court Order.

Anything else you agreed between yourselves needs to be in the Consent Order for it to become legally binding.