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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 Share - Forces

  • penny10p
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01 Oct 12 #358752 by penny10p
Topic started by penny10p
I am feeling so frustrated. My ex and I have agreed finances and the Consent Order has been submitted to the court for approval. We were asking for a pension sharing Order on his Forces pension which is in payment. Apart from that there was only a small cash sum to be paid to me. I have just heard from my solicitor that it has been returned because the judge is concerned that we have not had legal or financial advice. A concern seems to be that "a services pension in payment can have surprising results for both parties". He is suggesting we both go to court to speak to him in person.
It is about 3 years since we started divorce proceedings and I have already paid out a lot of money (at least on my earnings it seems a lot). Neither of us now live anywhere near the court so it is not a case of just popping along for a quick chat! This is going to delay things more and no doubt cost more money. I know that the courts are just trying to protect us both but really, how surprising can it get? It''s not as if he gets a million pounds a month pension!!! We know that his pension will reduce and that I will get some pension and we are happy with that.
Don''t know what my question is really. Just ranting, but if anyone has any comments or has experienced something similar I would live to hear your views.

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01 Oct 12 #358774 by dukey
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Its a pain but it does happen, the judge has a duty to make sure you both actually understand what you are agreeing to, this is common when only one spouse has a solicitor.

The very same happened when i sent in my own Consent Order, wiki now offers a service for £99 to have the order explained by a solicitor to avoid this, had it been available when i divorced i would have paid it for the ex just to not have to take a day off work and sit in a waiting room for lord knows how long.

I think you`ll find its a bit of a none event, but you can`t get out of it now, sadly.

  • maggie
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02 Oct 12 #358917 by maggie
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Please please please let us know what the judge says about the pension.

  • penny10p
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02 Oct 12 #358929 by penny10p
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Will do Maggie but it could be some time before we can arrange to get to court. That is if my ex agrees to do that!

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02 Oct 12 #358932 by maggie
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When our variation order got called in a couple of weeks back I got the distinct impression from my ex''s solicitor that if I said I''d seen a solicitor [ even if not represented by one] the order might well have gone through on the nod.

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06 Oct 12 #359561 by penny10p
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"The very same happened when i sent in my own Consent Order, wiki now offers a service for £99 to have the order explained by a solicitor to avoid this, had it been available when i divorced i would have paid it for the ex just to not have to take a day off work and sit in a waiting room for lord knows how long."

Dukey, do you think it would be a good idea for my ex to take the Consent Order to a solicitor before we meet the judge so that he could say that he had had it explained to him?

  • cliasmol£7
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06 Oct 12 #359562 by cliasmol£7
Reply from cliasmol£7
In theoryn going to mediation next week, except trying to give me 6K a year maintence, ain t going tohappen his invoice for Sept was20,295. take off 20% VAT + 55%tax and NI. still being fairly stupid, watch this space.

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