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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Informal pension arrangements?

  • dillydolly
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02 May 12 #327890 by dillydolly
Topic started by dillydolly
Hi there

I''m wondering if anyone can help at all? My husband and I are just applying for an amicable divorce. We were married for 6 years, living together for 8 years before that. We have already sold the marital home, split all the assets and we have no children. I am not looking for spousal maintenance, he earns far more than I do but I feel its unfair for me to take his money as we have no kids to support.

However, we have agreed that I can have a 50% share in the pension of his current job (he has been there for 8 years), I don''t want a share in any of his pensions before that.

I am the Petitioner and I really don''t want to have to go through the rigmarole of using form A and then having to fill in form E, when all we want to do is spilt his current pension, from when he started to job to today.

Is there a way that we can arrange to do this, so that it is legally binding, but so that we don''t have to fill in form E and make it part of the initial divorce proceedings?

Thanks!
Dilly

  • TBagpuss
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02 May 12 #327898 by TBagpuss
Reply from TBagpuss
If you have an agreement, you do not need to fill in form E. You DO need to have a formal court order (the pension provider cannot split the pension without one)

You would need to get the order drafted and to fill in a pension sharing annex (which sets out the details of the fund being split, the % going to you, who is paying the pension company''s charges (if any) and so on.

You also have to fill in a Statement of Information for A Consent Order, which is a two page form which gives a summery of your respective financial postions. Unlike a form E, you don''t have to go into detail and don''t have to provide documents in support, you just put in your total capital, liabilities and income.

You can then send the draft Order, ension Sharing form and Statement of Info to the court, signed by you both, with the £45 fee.

Note that you do have to send the draft order (& Annex) to the pension company ahead of time, to check that they can implement an order in the terms you want, and that once the order is made, it, plus a copy of the Decree Absolute, will have to be sent to the Pension Company before they can implment the order.

If the pension company imposes a charge for implementing the order this usually hs to be pid up front, too.

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02 May 12 #327903 by dillydolly
Reply from dillydolly
Thank you TBagpuss! I will take time to digest this information :)

Do I have to follow thr procedure below and send the forms off with the divorce petition or can I do it all separately? Can I still get divorced if we are in the process of sorting out the pension in the manner you suggested?

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