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No Consent Order

  • Sonning
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22 Feb 10 #187279 by Sonning
Topic started by Sonning
Hi
If my stbx wont agree to a Consent Order what are my options ?

No house or money to worry about and child lives full time with me.
I have a work pension thats been running for about 3 years so not worth much.

I wanted to protect myself for the future in case i inherited any money and she tried to take some.

Thanks

  • TBagpuss
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22 Feb 10 #187312 by TBagpuss
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You can't make her.

Your options would be:

(1) Apply formally to the corut for AR (using Form A) and ask the court to make a Clean Break order. You would haveto pay for the court fee (£210, unless you are eligable for fe exemption) and would haevthe ime & effort of completing the form E, attendign court etc, but ultimately the court could make an order. Be aware your STBX could ask for a pesnsion share or lump sum in lieu.

(2) Do nothing. Although ti would be open to your STBX to make a claim in the future. she would still have to satisfy a court at that time that whatever she was asking for was a fair settlement in the circumstances. A court will usually only split those assets which were built up during the marriage or relationship, so if you had an inheritance from someone who did not die until after you & she were separated it is very unlikely that she wouls succeed in any claim.

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23 Feb 10 #187453 by Sonning
Reply from Sonning
Thanks i think i understand the options...
So if i go straight through and get my Absolute where does that leave my current pension ?
Would i be better off stopping the one i have now and starting a new one?
At the point of separation we had a joint debt of around £8000 which i took on and paid off.
Would this be taken into account if she tried to go to court after the absolute and make a claim against my pension ?
Sorry for the muddled questions.
thanks

  • colours
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23 Feb 10 #187461 by colours
Reply from colours
From your point of view, there is nothing wrong with getting the Absolute first before AR (unless you want maintenance from her).

i doubth that the pension is relevant since its so small. A work (final salary) pension can be better than a private pension - you need to think this thru before starting a new pension.

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