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Death pre‑decree absolute: effectiveness of sealed consent order and pension sharing annex; survivor’s entitlement
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Death pre‑decree absolute: effectiveness of sealed consent order and pension sharing annex; survivor’s entitlement
Put simply, financial provision orders do not come into force until the decree is made absolute. This is set out expressly for lump sum and periodical payments orders in section 23(5) of the Matrimonial Causes Act 1973 (MCA 1973). As regards property transfer orders or settlements, the requirement appears in MCA 1973, s 24(3). See Practice Note: Implications of the death of a party...
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