Financial consent order

Jacko_amz

I am filing for a divorce in the new year, it's a very clean cut one so am planning doing a DIY one myself. The only thing I need is a consent order as I have a pension in which I want to make sure he doesn't have any rights to in the future. By looking into this it would appear I need a solicitor to do this which is fine, I'm just wanting to know can this be done as a stand alone thing or would they have to do the divorce too? Also does this need to be done at the same time or can it be done after?

I have looked on wikivorce and all I can see is guidance around wanting to have access to the other party's financial assets not wanting to protect them.

Any guidance would be greatly appreciated

Tigsteroonie

You can engage a solicitor for just the consent order, not the divorce; however, it is advisable not to convert your decree nisi into an absolute until the consent order has been accepted by the court.

Only one side needs to engage a solicitor - the courts like a consent order to be drafted by a solicitor (ie you cannot draft it yourself). The other side is advised to consult a solicitor to make sure that they are not been treated poorly, but that is simply advice.

Incidentally you may wish your partner to have no rights to your pension, but everything is up for sharing in a consent order - so what you want, and what you end up with, can be two different things. Have you gone through any form of financial mediation yet?

For more information, I'd suggest you wander to the Wikivorce website where they have a very good forum for discussing such matters.

DUTR

Tigsteroonie wrote: »

You can engage a solicitor for just the consent order, not the divorce; however, it is advisable not to convert your decree nisi into an absolute until the consent order has been accepted by the court.

Only one side needs to engage a solicitor - the courts like a consent order to be drafted by a solicitor (ie you cannot draft it yourself). The other side is advised to consult a solicitor to make sure that they are not been treated poorly, but that is simply advice.

Incidentally you may wish your partner to have no rights to your pension, but everything is up for sharing in a consent order - so what you want, and what you end up with, can be two different things. Have you gone through any form of financial mediation yet?

For more information, I'd suggest you wander to the Wikivorce website where they have a very good forum for discussing such matters.

What they said highlighted.

Jacko_amz

Well we have discussed this previously and has said he has no desire to claim anything from me but I'm not stupid I know that could all change! Am I right in thinking the decree nisri has a time frame?

TBagpuss

It depends what you mean by the Decree Nisi having a time frame!
The Court cannot make a financial order until the Decree Nisi has ben granted.
Once you have the Decree Nis you must wait 6 weeks & 1 day before you can apply for the Decree Absolute. You can apply any time after that.
If you apply for the absolute within 12 months of the nisi then the court must grant it. If you apply more than 12 months after the Nis then you have to include, with your application, a letter explaining the delay and confirming that you have not reconciled at all since the Nisi was made and that you have not had any children since that date. In theory the Court could refuse to make the Absolute or could require further information but in practice this would be very unlikely. (I once applied for an Absolute 12 years after the date of the Nisi without any difficulty)

You and your husband could agree on terms and get an order drawn up and signed before you have the nisi, as long as you did not send it to court until afterwards.

Jacko_amz

Thank you that's a big help, looking to put in the petition early Jan so will seek help of a solicitor after after that ��