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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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Pension Rights on Divorce

  • claire73
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01 Mar 08 #15451 by claire73
Topic started by claire73
Partners ex is refusing to apply for the Decree Absolute in order "to preserve her rights under his pension" does the absolute actually make any difference?

My partner and I are LIP's and a little help would be gratefully received!

It is our understanding that he can apply for the absolute 6mo and 1day after the nisi being granted is this correct?

The ex's sol is asking that we confirm that we will not do so or they will apply for a formal stay on the application.

Argh.

  • loobyloo
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01 Mar 08 #15453 by loobyloo
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Claire hi
thanks for message and will email
re absolute I can only tell you that my sol will not apply til finances sorted, so must make a difference, I got nisi in june and surprised my x2b hasnt applied if thats the rule
Anyway I found out yesterday that my case is adjourned 1 month so be end april now not march


so I join you in a big AARRRRGGGGHHHHHHH!!!!

looby

  • BVG
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01 Mar 08 #15459 by BVG
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Hi Claire,
I believe the only difference is to do with preserving death benefits under the terms of the pensions. I was in the same position and my X lost my pension death benefits when I applied for the Nisi. However some of those benefits lost may now be taken into account at a FH coming up soon.

I would take professional advice before answering your partners STBX's sol.

Ummmmmmmmmmmmmmmmmmmm........

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