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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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Blocking Pension Share

  • maggie
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21 Jan 08 #11340 by maggie
Topic started by maggie
A and B are going to divorce:
A has massive pension; B has no pension
A petitions and applies for Nisi and Absolute as soon as legally possible.
B is still asking questions about form E when A applies and divorce becomes Absolute.
B loses right to share A's pension.
Can it happen?
Would it happen?

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21 Jan 08 #11342 by Maggie40
Reply from Maggie40
The danger is that B might lose any death benefits under a pension scheme but the pension will still be taken into account when sorting out the finances.

  • lindy lou
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21 Jan 08 #11343 by lindy lou
Reply from lindy lou
Certainly hope not!
All I do know is that at my FDR the DJ was aware that the absolute had been granted and she still ordrered that the ex paid half towards an actuary report on his massive pension- I would think that she wouldn't have bothered doing this if she thought I had lost the rights.....
Lindy

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21 Jan 08 #11346 by TMax
Reply from TMax
No. my divorce is over and done with but the FH never happend as X took all cash and dissapeard so it was never able to happen. X has now come back 3 years later broke and now going for my pension as well and I have to go to court again.

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22 Jan 08 #11417 by Fiona
Reply from Fiona
With regard to the original question s24BA Matrimonial Causes Act 1973 -

4) No pension sharing order may be made under section 24B above after a divorce order has been made, except—

(a) in response to an application made before the divorce order was made, or

(b) on a subsequent application made with the leave of the court.




SK.Callum, I'm glad to see the handsome young man in a kilt back.;)

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22 Jan 08 #11443 by TMax
Reply from TMax
had a browse round cant find anything on it

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05 Feb 08 #12930 by BVG
Reply from BVG
I am not sure I understand this. I am divorced (absolute). Ancillary relief was not started until later by my X. Despite her letters and comments she has started to look to go after my pension. She has hired an actuary to this effect. So she now has to make an application to the DJ for pension sharing. I am not against this as the division of the house has yet to be decided. Sorry about this but I am a novice at this and wish to remain so.

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