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Absolute this week - or wait for Consent Order?? (4 Posts)
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11 January, 2018 09:57AM
Absolute this week - or wait for Consent Order??
Lexie - 11 January, 2018 09:57AM

I am able to submit for my Absolute this week as my 6 weeks 1 day is up!!!

However, I am still in the middle of trying to come to an agreement around a Pension Settlement with my Ex.
We are deciding on a lump sum payment in return that I don't go after a share of his Pension. He's in the Army and so his Pension amount is considerable.

We are trying to come to an agreement and will then do a Consent Order so that he pays me said lump sum when he comes into a lump sum following his Retirement from the Army in 2020.

My question comes that should I wait and not submit my Absolute until after we have reached the Consent Order?
It may well be that over the coming months we can't agree and I have to take him to Court for a Pension Sharing Order via a Finance Order etc.

For my own peace of sanity I need to get this Absolute ASAP but don't want to jeopardise anything either.

Re: Absolute this week - or wait for Consent Order??
HatMan - 11 January, 2018 11:44AM
What if he spends the lump sum on cocaine and prostitutes when he leaves the army ?

If you leave the money in even his theoretical control you could be stuffed.
Re: Absolute this week - or wait for Consent Order??
Lexie - 11 January, 2018 11:57AM
If he breaks the consent order- he will be back in court, and then have to find the money else where - his parents are more than able to bail him out and pay me of now!
Don't want to go to court and get Pension Sharing Order as will have to wait until I am 65 to see any money!

My question was more about can I have my absolute still this week - and then do the finances or am I jeopardising anything?

Re: Absolute this week - or wait for Consent Order??
davidterry - 11 January, 2018 02:58PM
You are jeopardising something, yes, if you apply for decree absolute in these circumstances before you have a court order settling financial issues including pensions. So long as you do not apply for decree absolute you are still husband and wife. That means that if your husband dies (whether hit by a bus or struck by lightening) before you apply for decree absolute you will be automatically entitled to consideration for a share of his pension by the pension trustees because you will be a surviving dependant at the date of his death.

If you apply for decree absolute before finances have been formally settled by way of a court order and your then ex husband is struck by the proverbial bolt of lightening you will be entitled to nothing from his pension. You will not have been a surviving dependent at the date of his death and you will be unable to get a pension sharing order from a court because once he is dead proceedings relating to divorce come to an end.

These are circumstances where you should not apply for decree absolute unless and until there is a court order in place which settles the financial issues arsing from the marriage formally and finally.

If you ignore this advice your interests could be gravely prejudiced. Of course, you could take your luck and he might not pop his clogs. That is not unlikely. However, what is the sense in taking the risk if you don't have to?
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