How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year ago.

The mediator did to which myself and husband both signed

Expert:  Clare replied 1 year ago.

May I ask - dis she charge you ing the Court Order?
Clare
Customer: replied 1 year 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 1 year 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
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters