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Degree absolute and final hearing

  • Curlytop6
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28 Jul 22 #519691 by Curlytop6
Topic started by Curlytop6
At the final hearing the judge ordered my ex a fixed amount of cash and a % of my pension plus a clear break requested by my ex
the Decree Absolute i was informed was in process I emailed the court my ex and their representative mckenzie friend stating the Clean Break order and pension share had yet to be carried out to which I recieved no response from ant party including the court
what should I do now - apply for a clean break order myself ?
re the pension share the ex had no pension and was having to arrange one before this could be applied for to date I have heard nothing back
The final hearing took place on the 16th of May
any advice would be greatly appreciated
I am a self representing thanks in advance

  • hadenoughnow
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30 Jul 22 #519702 by hadenoughnow
Reply from hadenoughnow
If the final hearing wax in May you should have received a copy of the order made by the judge.
You can apply for the Decree Absolute as respondent and claim costs. It is worth writing to your ex to warn of your intention. NB a McKenzie friend is not a legal representative like a solicitor would be.
The Decree Absolute makes the terms of the order enforceable. As far as the pension goes, it is up to your ex to sort this out. If it drags on you could consider enforcement especially if you are still paying in to your pension.

Hadenoughnow

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30 Jul 22 #519718 by Curlytop6
Reply from Curlytop6
Thanks for your response the decree absolute has been granted. However no clean break Consent Order has been applied for by my ex (the Applicant who wanted this)
I'm not concerned about the pension as I don't pay into this and the judge defined a figure to be transfered to them from the pension
Please can you advise where I stand with th clean break consent order
Thank you

  • hadenoughnow
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31 Jul 22 #519719 by hadenoughnow
Reply from hadenoughnow
If you have been all the way through the court process to a Final Hearing, the judge will have decided the outcome for you so it would not be a consent order.
If however you have agreed an order at an earlier hearing (FDR or FDA) then you would have a consent order.
In either case, if at least one of you was represented, the legal representative would be asked to draw up a draft order for you both to check. You would need to be sure it reflects what was agreed or imposed. The draft would then go to the judge for signing to complete the order.
If both of you are self representing the judge may do the order for you or ask one of you to have it prepared for approval and signature.

Perhaps you would clarify what part of the process has not happened.

Hadenoughnow

  • Curlytop6
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31 Jul 22 - 31 Jul 22 #519723 by Curlytop6
Reply from Curlytop6
The general order after the final hearing states;

It is ordered that
Clean break in life and death

My question is does this need a consent order or anything else to be effective ?
Or is it effective now because of the judge's orders?

Both parties are self reppers and were not requested to do anything in this regard, nor have I recieved anything from the court in relation to this point

Thank you for your advice it is much appreciated
Last edit: 31 Jul 22 by Curlytop6.

  • .Charles
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01 Aug 22 #519726 by .Charles
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A consent order is an order to which both parties consent. Where there is no consent the Court will make an order at the end of the final hearing. This is what you have now.

The terms of the order are binding on both parties therefore no further order is required.

Charles

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01 Aug 22 #519730 by Curlytop6
Reply from Curlytop6
Thank you so much

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