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Relieved

  • Stbd247
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2 years 6 months ago #500732 by Stbd247
Relieved was created by Stbd247
Just received my approved consent order through the post today. I’ll apply for my [url=Glossary/General/Absolute.html ]absolute[/url] on Monday then it’s all over. I was a little sad when the nisi arrived but I’m so relieved that the consent order has come through. We were in complete agreement but we were worried it would drag on for ages with the court as neither of us are using solicitors. Phew!

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2 years 6 months ago #500770 by Clawed
Replied by Clawed on topic Re:Relieved
I'm glad you feel relieved, I was told to delay applying for the [url=Glossary/General/Absolute.html ]absolute[/url] for 28 days after getting the sealed consent order, I think this was something to do with my ex's pension but you might want to check before you apply even if you are keen to get things sorted.

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2 years 6 months ago #500771 by Stbd247
Replied by Stbd247 on topic Re:Relieved
Ooooo, thanks for the heads up. I will check that now. Would be awful if I screwed it up at this stage. Thank you!

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2 years 6 months ago #500777 by Clawed
Replied by Clawed on topic Re:Relieved
It wouldn't screw things up unless your ex dies in the next 28 days so I'm probably being over cautious. I found this:-

It is important that the timing of applying for the Decree Absolute is done correctly when there is to be a Pension Sharing Order (PSO).

The pension sharing order does not become effective until 28 days after issue by the court due to the appeal period, or if later the date of the Decree Absolute.

If the Decree Absolute is applied for at the same time as the PSO is issued, which appears to be a common practise, there is a risk of the ex spouse losing substantial benefits in event of the member dying during this 28 day period.

The problem is that if the member, usually the husband, dies before the end of the 28 day period then the PSO will lapse, but because the Decree Absolute has been granted then the wife is no longer the legal spouse so would not now be eligible for the spouse’s pension from the pension scheme, if available.

Best practise is for the application for the Decree Absolute to be delayed until the Pension Sharing Order’s 28 day appeal period has expired, so that in the unfortunate event of the member’s early death that the spousal benefits are preserved.

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2 years 6 months ago #500778 by NoMoreMrs
Replied by NoMoreMrs on topic Re:Relieved
Congratulations! How long did it take the court to approve the consent order? which court did it go through?

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2 years 6 months ago #500780 by Stbd247
Replied by Stbd247 on topic Re:Relieved
Thanks Clawed. Think mine is okay as we are both just keeping our own pensions.

NoMoreMrs, it took 6.5 weeks from the date I sent it to get it back. It went through the court at Bradford.

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