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Rakhi Vasavada
Rakhi Vasavada, Financial Advisor
Category: Finance
Satisfied Customers: 4545
Experience:  Attorney and Financial Expert. Have specialization in Financial Laws.Practice experience of over 13 years
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I have recently been granted a decree nisi and I am about to

Resolved Question:

I have recently been granted a decree nisi and I am about to start the financial settlement with the intention of doing a clean break consent order. Should apply for my decree absolute now or after/with the financial settlement ?
Submitted: 1 year ago.
Category: Finance
Expert:  Rakhi Vasavada replied 1 year ago.
Dear Friend,Hello and welcome. Thank you for providing an opportunity to assist you. In my opinion, you should wait and apply for decree absolutely AFTER the financial settlement.As you are aware, Decree Nisi is the penultimate stage of the divorce. Once Decree Nisi has been pronounced the Petitioner must wait at least 6 weeks and 1 day before applying for Decree Absolute (the order which formally ends the marriage), although it is common to wait until all financial matters have been settled before taking the step of applying for Decree Absolute. I am sure this would help.You may please leave a positive rating if this helps as this is the only way we are compensated for assisting you. Alternatively, you may revert back with a reply if you need further assistance or if I have missed out on any aspect of your question. Warm Regards,
Customer: replied 1 year ago.
Will I need to get CETV's for the two work pensions I have. I am just about to get my state pension so how do I write that in the financial statement ?
Expert:  Rakhi Vasavada replied 1 year ago.
Dear Friend, You will have to list them and mention them in the financial statement and the courts will take a view on that. A brief description is given on these pensions is mentioned on the financial statement. The law allows the courts to consider sharing the pension fund and thus makes it easier for a clean break to be obtained. The court makes a sharing order which results in the pension member receiving a pension debit. The ex spouse would then receive a corresponding credit. The order is passed to the trustees of the pension fund and they then have four months to implement it. It may be possible to allow the credit to remain in the scheme and the ex spouse would therefore have a special class of membership in the scheme with similar rights to those who have left a company but deferred the benefits in the scheme. The trustees could also insist that the credit is transferred to the ex spouse's scheme or a stand alone scheme. I am sure this would help.You may please leave a positive rating if this helps as this is the only way we are compensated for assisting you. Alternatively, you may revert back with a reply if you need further assistance or if I have missed out on any aspect of your question. Warm Regards,
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