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Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.
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Thanks for your understanding, Peter
Good morning, thank you for your patience.
It would absolutely be advised to get the consent order agreed and submitted to court prior to applying for the absolute and remarrying.
Certain things (such as maintenance, property transfers etc) can be arranged after the decree absolute has been made but pension sharing orders have to be made prior to the decree absolute. Pensions can only be shared with a spouse.
Further, remarrying complicates things as the new spouse's financial position then has to be considered and this may well affect the settlement.
Obviously there are circumstances where people do apply for the absolute and then remarry before their consent order is finalised, but unless there is a real urgency then I would advise you wait.
I hope that this answers your question?
Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.
Your current will would be not automatically be revoked when you divorce, but re-marriage would revoke this will.
If you remarry you can't apply for an order, but your ex spouse can.
As long as an application for a financial order is made prior to decree absolute, you don't have the remarriage issue. However, if an application for a financial order is made, and there are pension sharing orders to be considered, my view is that the judge would simply refuse to rush through the decree absolute until the issues are resolved, unless you can convince the court that it's necessary for you to remarry so quickly.
I suggest that you get together and agree the terms of the consent order in that case, it's in both of your interests to do so. You can do this via mediation. If you are both committed to resolving the consent order issue then it won't take long.
You then submit the agreed draft to court along with the application for decree absolute.
I am still unclear why you can't simply agree this and submit to court.
The court can always decide to disagree with the draft but if you have a fair agreement this should not be an issue.
Yes you can file a claim at any point regardless of whether you ticked the option in the original application.
Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter