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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.

Finances and the consent order

2 replies

Fredandnancy · 22/09/2023 08:20

My wife and I filed for divorce last month, and this process is currently nearing completion.

We have reached an amicable agreement regarding the division of our finances and pensions.

We understand that our financial arrangement needs to be officially recognised through a 'consent order'. However, we are aware that this cannot be finalised until we receive our conditional order on January 27, 2024.

Under our agreement, I am to transfer a portion of my private pension into her pension fund, and purchase her share of the family home.

My query is, can I execute these financial transactions now, ahead of the consent order in January? Alternatively, should I wait until we have drafted the consent order before proceeding with these payments?

Thank you in advance for your assistance.

OP posts:
Tosca23 · 22/09/2023 09:06

Sounds like a question for your solicitor. From personal experience only, you get the financial agreement written up by solicitors, they write it up in to a financial consent order, both parties sign and it is submitted to the court.

To protect yourself i wouldn't start actually paying anything or changing anything major with finances until the divorce is finalised as the order doesnt come in to effect until decree absolute as i understand it.

https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide#:~:text=The%20financial%20order%20will%20only,final%20order%20or%20decree%20absolute.

Money and property when you divorce or separate

How to work out splitting up money, property and possessions when you divorce or dissolve a civil partnership - including mediation.

https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide#:~:text=The%20financial%20order%20will%20only,final%20order%20or%20decree%20absolute.

Fourmagpies · 22/09/2023 11:37

It's usually recommended that you wait in case the consent order isn't approved, and for the pension sharing, pension companies will only usually action this with a final consent order in place.

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