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division of army pension

natasha smith
20.11.2022 10:45:08

983

Hello, i have started the divorce process to my husband, we have the decree nicie, we have aggreed all about the children, we still get on, we have agreed the amout i will receive from his army pension, however (army pension office) say they cant devide the army pension without a signed/stamped order from the judge, we cant get this without going to mediation, how do i go about us getting this without spending loads of money?

Replies (1)

Holly from amicable
06.02.2023 20:53:53

Hi Natasha,

Thanks for reaching out to amicable.

You will need a pension sharing order which forms part of a consent order. A consent order is a legally drafted document that tells the court how you have agreed to split your money and property. It does not need to be drafted by a solicitor, but it should be drafted by a legal expert as it must contain certain clauses that protect you and your ex both now and in the future.

If you’ve reached an agreement, there’s no need to go to mediation. This is confusing for people because it’s mentioned in the ‘notice of an application for a financial order’ (Form A) but when you have agreed things yourselves, the form A is for ‘dismissal purposes’, which means that you no longer need the court to decide any financial arrangements for you (you’ve agreed on it yourselves).

If you’re still confused, please book a free 15-minute call with one of our specialists.

Many thanks, Holly

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