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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


pension sharing document

  • misspink
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19 Sep 12 #356693 by misspink
Topic started by misspink
my partner came to an agreement with his stbx and she had her solicitor write the Consent Order. he submitted it to a solicitor to make sure it was what was agreed and whilst it was fine, his solicitor said that because he''d agreed to share his pension, there should also have been a pension sharing document to go with it. i think his solicitor said that it should be prepared by his wife''s solicitor, is this true? i''m just checking that he doesn''t have to do anything before he sends a letter requesting this from her solicitor. thankyou.

  • TBagpuss
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19 Sep 12 #356695 by TBagpuss
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yes. for a pension sharing order, there needs to be a p1 (pension sharing annex). This sets out details of the pension, the % share, who will pay any fees charged by the pension company to implement the order, and the details of the pension fund that the share is to be paid to, or the IFA advising the person receiving the share.

There isn''t a hard and fast rule about who prepares it but if your partner hasn''t a solicitor and his ex has, it makes sense for that solicitor to prepare it.

The draft documents also need to be sent to the pension company so that they have the opportunity to raise any questions or concern, before the order is sent to the court.

  • misspink
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19 Sep 12 #356791 by misspink
Reply from misspink
thanks for that, that has clarified things for me.

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19 Sep 12 #356793 by misspink
Reply from misspink
actually i do have another question, is he ok to go ahead and sign the consent order before the pension sharing annex has been done and endorsed or should he wait?

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