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Decree absolute - obstruction delaying consent order implementation

  • ATMSPC
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25 May 21 #516803 by ATMSPC
Topic started by ATMSPC
My partner has received his Consent Order which was agreed, though not very amicably or co-operatively, by his ex.She has thwarted the process - mediation failed after 2 sessions so my partner negotiated separately by email. Eventually, after several minimal word responses from her, he agreed to terms she had wanted. The settlement application was only signed and returned to the consent order service after she'd had it a month after he pointed out the only option left would be court if she wasn't willing to commit to agreeing by consent.She is receiving transfer of FMH with no mortgage as my partner agreed to repay the marital loan debt including small remaining mortgage and she will gain 30% of his pension CE's and child maintenance.As his ex was the divorce petitioner, she should apply for the Decree Absolute to invoke the order. He has messaged her about this 3 times and she just ignores him. We understand he can apply for the decree absolute as respondent although there's a charge because there has to be a court hearing but it's galling that she won't apply and being deliberately obstructive.Even if he does apply for the absolute, it seems that she can just ignore the pension scheme providers when they write to ask where she wants the transfer to go which will delay the pension sharing order being implemented - the pension CE value will be increasing all the time so she has nothing to lose.Is there any way to ensure that the pension CE is calculated and preserved even if she doesn't cooperate with the scheme providers or could she in theory stall for 5 years and then claim her share which would have an increased CE value when she and my partner have been divorced - supposedly with a Clean Break from the current date?It seems unfair that he continues to pay into his pension once they are divorced when there should be a line drawn and future accrual is for just his own benefit. It also is unfair that he can be played like this, having done all he can to ensure a fair outcome but will be bound by the court order to transfer the property within a certain timescale and pay the agreed child maintenance or risk being jailed!

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