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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 8359
Experience:  Dual qualified Solicitor and Attorney
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I have put in a d36 form to court for a decree absolute at

Customer Question

Hi I have put in a d36 form to court for a decree absolute at the same time as a consent order with pension sharing annexes. I want to withdraw my d36 application until the consent order is made. But the court have said that there is a retraction fee to pay - can you tell me how much this is please? Thanks
Submitted: 19 days ago.
Category: Family Law
Expert:  Virtual-mod replied 19 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 19 days ago.
I will wait
Expert:  Jeremy Aldermartin replied 19 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 19 days ago.

Why do you want to withdraw the D63? you can deal with the finances after divorce and the financial separation is a separate procedure from the divorce.

Customer: replied 19 days ago.
It’s a d36. Due to pension orders
Expert:  Jeremy Aldermartin replied 19 days ago.

Yes I understand, as the court has advised though there is a fee to withdraw I think it is £90, it is also unnecessary given you can just go ahead with the D36 and still deal with the pension later. The decree absolute being granted has no affect on the finances expect to say that you will no longer be accruing rights over his/her assets after the decree absolute is granted and vice versa but rights already accrued up to that point remain valid.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Customer: replied 19 days ago.
This is not the advice I have received from just answer previously . Due to the pension orders taking effect on the later of the decree absolute date and 28 days after date of order. So if absolute comes through before the 28 days is up then if one person were to die then they wouldn’t get the pension sharing . Unlikely granted but a risk so have been advised to wait 28 days after order before putting in D36 but had already sent in D36 with original consent order application
Expert:  Jeremy Aldermartin replied 19 days ago.

But if one of you was to die within 28 days of the order you cannot get the decree absolute anyway because you cannot divorce someone when they dead so in that very unlikely scenario it would not help to wait to put in the D36. I trust this assists