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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7997
Experience:  Barrister at law
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I want to remarry ASAP. I am doing a consent order

Customer Question

I want to remarry ASAP. I am doing a consent order application as have decree nisi. I have been told to get my consent order first (with pension sharing orders) and then apply for my decree absolute. What problems would there be if I get my absolute, remarry and then get the consent order? Thanks
Submitted: 7 days ago.
Category: Family Law
Expert:  plclegal replied 6 days ago.

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.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Expert:  plclegal replied 6 days ago.

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.

Customer: replied 6 days ago.
What is the effect of remarriage before the consent order on my current will which names my first wife?
Customer: replied 6 days ago.
I thought you couldn’t make any application for an order after remarrying ? If filed the consent order application then remarried before the order was granted would that be ok? Thanks
Expert:  plclegal replied 6 days ago.

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.

Customer: replied 6 days ago.
We both want to remarry as soon as poss so then would neither of us be able to have the consent order? We are intending to share one of the pensions
Expert:  plclegal replied 6 days ago.

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.

Customer: replied 6 days ago.
this would mean we could share pensions even if remarried ? Am nervous about this... I suppose there is a chance the court disagrees with the pension sharing and dies the order it or changes percentages?
Expert:  plclegal replied 6 days ago.

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.

Customer: replied 6 days ago.
We will try and agree the order and file it at court. If it ever became contested would I be able to file a financial claim. I am the applicant but I didn’t tick the boxes in the divorce application form to say I wanted a financial order
Expert:  plclegal replied 5 days ago.

Yes you can file a claim at any point regardless of whether you ticked the option in the original application.

Expert:  plclegal replied 5 days ago.

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