DON’T CLICK ON THE GREEN BUTTON

It is all too easy to get carried away and click on the green button "proceed with Decree absolute” (final order) on your online divorce account without appreciating that this is the final stage of your divorce which impacts on pension rights.

For most couples wishing to divorce, the new “No Fault Divorce” has after some teething problems worked well. We are told that over 12 thousand applications for divorce have been made since the 6^th April 2022.

We have all had to get used to making applications “on line” for most services, whether this is for a new passport, driving licence or bank account. My concern is the real lack of any effective guidance and explanation provided by the court service to highlight the serious legal implications of applying for the Final Order (Decree absolute) before a Financial Remedy Consent Order (consent order) has been made by the court.

It is all too easy to get carried away and click on the green button "proceed with Decree absolute” (final order) on your online divorce account without appreciating that this is the final stage of your divorce.

It is important to understand that the “final order” ends your marriage so you are no longer husband and wife. This means that if one of you dies the other will lose the widows/widowers pension that they would have received if you were still married. This is why it is so important to have a Financial Remedy Consent Order prepared well in advance.

Many couples do not understand the legal impact divorce has in relation to a pension/s and other financial issues especially in circumstances where one pension is to be shared by way of what is known as a “Pension Sharing Order”.

A Pension Sharing Order can only be made as part of the Financial Remedy Consent Order.

The President of the Family Division commissioned an investigation and report on Pensions resulting in the Pensions Advisory Group being established resulting in a long and detailed report. This report contained specific and detailed advice regarding the implementation of pension sharing order. Specifically

"Timing the Decree Absolute application: if a pension sharing order has been made, consider carefully with the client whether to delay applying for DA until 28 days after the pension order has been made. If the DA application is made earlier, the client may lose out in pension terms if their spouse dies before the PSO can take effect”

In other words don’t apply for the Final Order (Decree Absolute) until the Pension Sharing Order has been made!

Don’t click on the green button without being absolutely sure that this will not affect either your financial position or that of your wife/husband.