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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.

Do you need pensions valued for a consent order

8 replies

thewonderfulthingabouttigger · 25/05/2023 19:26

Soon to be ex DH and I are agreed on how to split things, but do we still need to get pensions valued as a judge has to rubber stamp the order?

Have got a solicitor but she's away and I fear I'll get charged for asking! Planning to get them to draft the order.

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lastofthesmalltownplayboys · 25/05/2023 19:28

In England and wales they work it out as a percentage so value might not be relevant, but in scotland it goes on a monetary amount.

LJane88 · 25/05/2023 19:34

Also going through the same. My solicitor said pensions can be a very valuable asset so best to get them valued so you can decide on what to do with them. Otherwise they might ask to sign a disclaimer saying you went against advice

thewonderfulthingabouttigger · 25/05/2023 19:42

STBXH is happy to sign that he keeps his and I keep mine. We know mine will be worth more. But we will have to wait months for a CETV and I am worried about interest rates rising, so keen to get things done and dusted and mortgage applied for ASAP.

In theory could we have a financial order saying he keeps his, I keep mine, we acknowledge it's not valued, we split equity 50:50 and that's that?

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millymollymoomoo · 25/05/2023 20:52

If you agree and understand it you don’t need valuations

thewonderfulthingabouttigger · 25/05/2023 21:50

Super! Thank you

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Timeforachange2023 · 26/05/2023 11:37

You need to put the value of your pension (as CEV) on form D81, even if you are not going to share it as part of a pension sharing order.

The judge needs to understand each party’s financial position to determine whether the proposed consent order is fair. It is more than a “rubber stamping” exercise.

Once made, orders can very rarely be challenged, so the approving judge wants to make sure each party understands what they are entering into.

bringonyourwreckingball · 26/05/2023 12:56

CETV doesn’t necessarily take months, all mine came within a week or so.

thewonderfulthingabouttigger · 26/05/2023 13:57

bringonyourwreckingball · 26/05/2023 12:56

CETV doesn’t necessarily take months, all mine came within a week or so.

Public sector...been delays due to recalculations. The standard wait is up to three months and apparently there is a big backlog.

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