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Financial Consent Order Form D81

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Comments

  • Hoenir
    Hoenir Posts: 7,742 Forumite
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    edited 24 June 2024 at 3:11PM
  • Marcon
    Marcon Posts: 14,679 Forumite
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    AskAsk said:
    I can understand the need for CETV in most circumstances. I really don’t understand the need for CETVs where the only pensions in existence are state pension and defined benefit (public service)  pensions already in payment. 

    The parties, any solicitors and the Court can see with full transparency the value and scope of the pensions.

    ive since seen Wikivorce offer a clean break Consent order preparation service for £359 where no pensions are to be shared (£459 where there are pensions sharing involved)

    This sort of implies there is a choice about sharing pensions or not sharing pensions. But maybe it means if no pensions exist? I’ll try and find out.



    Even if you agree not to share pension, the CETV is still required as disclosure because the courts believe that you should and they should see its value to assess the decision.

    I didn't think you need a CETV for the state pension (only occupational pension) as that is asked in the income section of D81 form, where you need to disclose state pension that are in payment together with ones that are expected to come in payment in the future.

    I didn't think you need a CETV for the state pension as there are lots of articles that state that the state pension is not taken into account in divorce but I think those articles are wrong.  I will need to check about the state pension CETV as we haven't applied for that.  EEEKK
    State pension doesn't have a CETV.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • AskAsk
    AskAsk Posts: 3,048 Forumite
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    edited 23 June 2024 at 11:16AM
    Marcon said:
    AskAsk said:
    I can understand the need for CETV in most circumstances. I really don’t understand the need for CETVs where the only pensions in existence are state pension and defined benefit (public service)  pensions already in payment. 

    The parties, any solicitors and the Court can see with full transparency the value and scope of the pensions.

    ive since seen Wikivorce offer a clean break Consent order preparation service for £359 where no pensions are to be shared (£459 where there are pensions sharing involved)

    This sort of implies there is a choice about sharing pensions or not sharing pensions. But maybe it means if no pensions exist? I’ll try and find out.



    Even if you agree not to share pension, the CETV is still required as disclosure because the courts believe that you should and they should see its value to assess the decision.

    I didn't think you need a CETV for the state pension (only occupational pension) as that is asked in the income section of D81 form, where you need to disclose state pension that are in payment together with ones that are expected to come in payment in the future.

    I didn't think you need a CETV for the state pension as there are lots of articles that state that the state pension is not taken into account in divorce but I think those articles are wrong.  I will need to check about the state pension CETV as we haven't applied for that.  EEEKK
    State pension doesn't have a CETV.
    I was under the impression that you can't get CETV for a state pension anyway and hence it is not asked for, and that a state pension can not be shared, but I have found this when the OP asked the question about the state pension, which seems to indicate that we would need to apply for the valuation to be added to the asset part of the D81 form.  OMG, I haven't done this!

    That links refers to the valuation of the "additional state pension" so if you get more than the basic state pension.

    https://assets.publishing.service.gov.uk/media/5e3c22b7e5274a08e4a7db47/BR20NSP.pdf
  • Albermarle
    Albermarle Posts: 28,336 Forumite
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    edited 24 June 2024 at 3:11PM
    No, ex husband and I are filling in the forms for a legal “clean break” of assets after our recent divorce.
    the form requests CETVs to be provided. Neither of us are making a claim on each others pensions
    As part of the legal clean break, you may end up with one taking some/all of the others pension as part of the overall deal negotiated by the solicitors.
  • Silvertabby
    Silvertabby Posts: 10,211 Forumite
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    edited 23 June 2024 at 7:05PM
    You can't get a CETV for the State pension.  But, unlike the DB pensions already mentioned, the amounts in payment will come into play  - especially if one is much higher than the other.

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