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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.


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Absolute and pensions

  • downland
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22 Jul 12 #344694 by downland
Topic started by downland
Hi, have been reading through threads with regard to the situation of applying for Absolute (as respondent) prior to finances being sorted out. I have asked all my pensnion providers to accept my son as my beneficiary and no one has refused. On this basis I presume my stbx will no longer be able to claim he will benefit from said pensions (appreciate pension sharing may still have to take place) so would there be any other signficant reasons for the absolute to be refused. For the record he has been the one delaying sorting out finances by not responding to requests for information etc.

  • TBagpuss
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24 Jul 12 #345077 by TBagpuss
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No.

If you read the small print of your pension you will probably find tha the pension truestees have discretion as to who receives the death benefits, and your nomination is a non-binding suggestion to them, so your ex would still be able to argue that he could benefit.

Whetehr that justifies not making the Absolute would depend on what the total assets are and how big a part of the assets the pension is.

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25 Jul 12 #345204 by downland
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Thank you - obviously one of life''s hidden gems - you pay into it but you cant take it with you, and seemingly cant say who will get it when you go either.....................

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