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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and myself are now divorced (at the end of May last

Resolved Question:

My husband and myself are now divorced (at the end of May last year) and we used a mediator to settle our finances etc. It has taken ages consent order to come through which I signed and I received a letter from the court saying it had been seen by the district judge and had the following comments
The below paragraph should be dealt with by a recital (the paragraph stated the former matrimonial home has now been sold and all mortgages and debts related to the siad property have subsequently been repaid and settled)
The below paragraph need to be dealt with by a pendion share with appropriate P1 and must be expressed as a percentage (the paragraph stated the respondant has agreed a transfer of the amount of £ (an amount) from his pension scheme ref no ... to the applicants personal pension scheme details to be advised the transfer shall be with immediate effect subject to and upon the courts approval of the order
I need clarification on the first paragraph as do not understand this and also about the pension as I believe the court is correct it should be a percentage which we agreed 1 and a half years ago which obviously he is earning money on this being in his pension and I am still waiting to go into my pension.
Any advice you have would be gratefully accepted
Many thanks
Sarah Jipps
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Who actually drafted the Order ?
Clare
Customer: replied 2 years ago.

The mediator did to which myself and husband both signed

Expert:  Clare replied 2 years ago.

May I ask - dis she charge you ing the Court Order?
Clare
Customer: replied 2 years ago.

Yes my ex husband paid sessions we had plus the consent order, I know he is taking this up as I believe he paid around £2k services

Expert:  Clare replied 2 years ago.

The Order was simply not drafted correctly.
The first issue mentioned by the Judge refers to the fact that the information referred to is just that - information - and does not form part of an Order that the court needs to make.
Accordingly it belongs before the words
"By Consent it is Ordered"
and not afterwards
The Pension Sharing Order should be referred to as a percentage of the pension and be backed up by the correct forms
You may find this site helpful
https://www.dropbox.com/sh/ymkdggjm0iamgvi/AABAHU9FtbQdaxAjlVFWlkwpa/Final_money_and_Part_IV/Financial_Remedy%20Omnibus%20(final).doc?dl=0
Please ask if you need further details
Clare
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