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Consent order and Decree Absolute

  • Doops83
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4 years 8 months ago #474396 by Doops83
Consent order and Decree Absolute was created by Doops83
Hello,

My Nisi was granted on 11.11.2015

I''ve finally managed to get my consent order drafted and ready.

Can I now send this in along with the decree absolute , or do they need to go separately. If separately, in what order?

Thanks

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  • Ebonee67
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4 years 8 months ago #474434 by Ebonee67
Replied by Ebonee67 on topic Re:Consent order and Decree Absolute
I am no expert but I would say definitely send consent order in first. It is vital to get that agreed and stamped before obtaining Absolute.
Maybe someone on here can advise further?

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  • Tiana
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4 years 7 months ago #475003 by Tiana
Replied by Tiana on topic Consent order and Decree Absolute
It might be a bit late to reply but just wanted to point out that if there is a pension sharing order involved, it is strongly advised to wait 28 days from the date of the Order to apply for decree absolute:

See below explanations from a Solicitor''s website:

''Death of either party during the sharing process:
The effective date of the Order will be stated in the pension sharing annex (attached to the Order). It is normal for an Order to take effect 28 days from the date the Order is made or on the date that the decree absolute is granted to the parties, whichever is the later.
Please note that should the member die before the pension sharing order has been implemented and before the effective date of the order, all death benefits would be payable as determined by the transferring pension scheme.
It is important to check with the pension scheme as some schemes will not pay benefits to a separated spouse. It would be for the scheme rules or trustees to decide whether the spouse, as an estranged but not yet divorced spouse, would receive the widow’s/widowers pension and any death in service lump sum.
If the scheme member dies and the decree absolute has already been obtained prior to the effective date of the sharing order, the pension sharing order would be unenforceable. The members ex spouse would no longer receive the pension share they were expecting and as the party expecting the pension share would no longer be the spouse, they would no longer receive widow’s/widowers pension or any lump sum death benefit.
---> Do not obtain decree absolute until 28 days after the pension sharing order has been made.''

It is only a small risk of any of the above happening but not worth taking if a large pension is part of the package.

Many solicitors are not aware of this - mine wasn''t!! :dry:

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  • Doops83
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4 years 7 months ago #475453 by Doops83
Replied by Doops83 on topic Re:Consent order and Decree Absolute
Hi folks,

I went for consent order first and decree absolut after. It only added about a week to the process, so no big deal.

Thanks for the help!

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