Q&As

If a party dies after a consent order and pension sharing annex has been sealed by the court but before decree absolute, will the consent order and pension sharing order be effective? Will the surviving party receive the financial settlement under the consent order?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 24/04/2017

The following Family Q&A Produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • If a party dies after a consent order and pension sharing annex has been sealed by the court but before decree absolute, will the consent order and pension sharing order be effective? Will the surviving party receive the financial settlement under the consent order?

Essentially, unless the decree is made absolute, the orders for financial provision will not take effect. In relation to lump sum and periodical payments orders, this is provided for expressly in section 23(5) of the Matrimonial Causes Act 1973 (MCA 1973). In relation to transfer of property orders/settlements it is provided for in MCA 1973, s 24(3). See Practice Note: Implications of the death of a party.

Accordingly in McMinn v McMinn, a lump sum in favour of a wife was held not to be enforceable where the husband did not survive to decree abso

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