Consent Order Question

Hi there,

Really need some help - am finally now divorced but the consent order is still up in the air as the Judge is questioning it - I don't know why - my solicitor seems to think it is just because I was unrepresented at the time of the order being signed, my ex's solicitor says its because the Judge doesn't think it is a fair settlement and wants to see if my ex should have more money. It has been listed for a hearing in November, which seems a ridiculous amount of time to have this hanging over me.

I have some questions that I would really appreciate some help with:-

1) There are five main points of the order:- my ex releases her share of the equity (£30k which she has most of her share with £10k to go to my son in instalments up until he is 18), the house goes into my name and she is off of the mortgage and I pay her a lump sum.

The lump sum and all the conveyancing process has now taken place, the divorce is absolute. I have paid the first installment of my son's part, leaving nothing to pay until next December. Everything to do with the house is now in my name.

The only outstanding point on the order is a further £5k to my ex which she agreed to my paying by next September.

Everything was all agreed its now just the judge that is causing a major problem. I think her solicitor has told her the reason is to see if she can get more money because she, the solicitor, will get a very fat bill out of it.

My question is now that most of the points of the consent order were actioned before the Judge saw it, is there actually any legal standing in taking it to court? My solicitor has advised me that because my ex had two years in which to change her mind, and had full legal advice throughout, she can't very well suddenly say that it isn't fair - and in fact she has said that she doesn't want any more money, which I am very sceptical about as she is very money-minded.

My ex now dresses up her desire to go to court as concern over me not paying her extra money or my son's provision, which is total rubbish, I'll pay it to avoid going to court and losing even more. She says she 'wants to see what the judge will say'. Meanwhile I'm paying a fortune in legal costs that I just haven't got, with the possibility of losing just about everything that I have spent the last two years fighting for, plus the humililation of having all my finances laid out in front of my ex and her partner. I literally have no money left and I just know if anything extra gets awarded to her, I'll lose my house.

Now she's already signed over her equity to me, does she have any further claim on it?

Any help with all this mess will be most appreciated, thanks.

Dakotajm

I really feel for you my friend and can totally empathise with you having been in your situation myself.
The fact that you represent yourself should not have a bearing on the consent order. It is fair to say that the Judge will want to speak to both parties if he/she does not think that the consent order is not a fair reflection and division of your joint assets. It may well be that the Judge thinks that you have given too much.
The normal state of play is that one or the other party proposes a financial settlement which if agreed is made into a consent order. If her solicitor thinks that you should have paid more money then they would have asked for that sum in the initial proposal. This brings me to the questions:
1.Was a proposal for settlement made?
2.Did your ex-wife's solicitor advise you that they would draft a consent order for you to sign?
If the answers are yes and the Judge is unwilling to validate the consent order then I can only surmise that the Judge wants to question both parties regarding the parity of the agreement.
'Is there any legal standing in taking it to court'? From what you have written it would seem that there are no options and that a hearing will take place in November.
Now she's already signed over her equity to me, does she have any further claim on it? The simple answer is yes and always will be able to make a claim until a consent order is obtained.
You have to approach this with a positive mindset. Getting a consent order is almost a guarantee that she can not come after you for more at a later date.
If you cannot afford representation then go to court on your own. If you have friends who are willing to assist with note taking etc. in court, then apply to the court to have a 'McKenzie friend' present.
A 'McKenzie friend' is someone who assists a litigant in person. The friend does not represent the litigant and does not have rights of audience, though he/she may address the court if invited to do so by the presiding Judge.
If you have any argument that you want to be heard on at the hearing then make it out in triplicate sending one copy to the court and one to your ex-wife's solicitor.

Hope this helps, Good luck, Paul.

Hi Paul,

Many thanks for your reply.

I did smile at your 'it may be that the Judge thinks you have paid too much' - how I only wish this would happen! The division was ­base­d on a 50/50 split and as she has the child I can't really see that this would be the case, sadly, although she is in a far better financial situation that I am.

I am now legally represented and have full legal funding for my solicitor to appear in Court with me, which I am very relieved about as ex has a top privately funded family solicitor.

At no time was it ever mentioned by my ex or her solicitor that more money was needed - in the initial stages, her solicitor did try to pressurize her into fighting for absolutely everything but once the ex realised how much this would cost her from her settlement, she refused and thankfully agreed to stick to the plan for me to buy her out.

The answer to both your questions is yes, and the consent order is now in the hands of the Court waiting for the hearing in 3 weeks time.

If you or anyone could help me with the following questions I'd be really grateful, as at the moment I have had no information from my solicitor as to what to expect;

1. How much financial information will I need to bring with me, and will I need to fill forms out that illustrate my income and outgoings? Will this be provided before court? I've heard about a form E but don't know if this would be the document that I would need in this case.

2. Am I definitely right in thinking that the financial situation of the partners that both ex and I live with will be taken into consideration? Only my partner who I co-habit with is a full time mum, and the ex's partner who she co-habits with earns in excess of £35k a year. To my mind it seems unbeliveably unfair if partner's wages aren't taken into account, as clearly they would easily be able to get a mortgage on top of their combined salaries and the £10k they've already had from me, whereas I'd be left with around £25k profit share if I had to sell my house, with an £11k p.a. income to try to get a mortgage from, which clearly wouldn't happen.

3. Do I have an opportunity via my solicitor to put forward some kind of an argument as to why the consent order should stay as it is? So far all my sol has said on this subject was that they will argue that the consent order as far as we are concerned is a final agreement because the draft bones of it have been in place for 2 years and my ex has signed it. Whereas really I would like the Judge to somehow be made aware that this house was mine first, purchased with the profits from a house I'd had since I was 21, I've done all the updating here - new kitchen, bathroom, even building a conservatory - myself and from my own money, and I have no mortgage potential at all to buy the 2bed min house that I'd need for my partner and step-child.

Really nervous about the whole thing as I just have no idea as to what to expect at all, and am terrified I will lose my house and everything I've worked for.

The Judge cannot substitute a new order for the one which you have agreed without there beinga prope hearing. S/he can only refuse to approve the one you have drawn up.

It would be possible for there to be an order affecting the house/finacial arrangements even though these have already been transferred, although if there was a full hearing the court would have to consider whether it was fair to make major adjustments after you have both relied on and acted on the agreement.

It is more likely that the Judge has a quesry about either the contents of the order or the way in which it is worded.

You say £10,000 to your son - is this child mainteace or is it a payment made to him direct? If the latter, this is unusual and it may be that the Judge would be querying why payment was being made to him, not to your ex-wife.

I would expect that the matter has been listed for a short initial directions appointment - this will allow the Judge to clarify why s/he has not approved the order and then if any additional information or a further hearing is needed then directiosn will be given at the hearing in November for that - so you don't need to fill in any forms or prepare a lot of information.

I would check that the information on the M1 is still accuate and have the figures to allow you to update this is asked, but other than that you should not need to have any more detailed inforamtion available at the hearing - the Judge can order it if he or she feels a hearing or fuller disclosure is necessary.

Thank you for your help TBagpuss, I have just sent an email off requesting that the Statement of Information be checked - I also haven't actually seen the finalised document with my ex's figures on, do I have a right to see this? When it was sent out to me it was blank, I filled in mine and then the ex would have filled in hers afterwards, and been able to see mine - so I think it is only right that I also have the opportunity to see the document with her and her partners information on.

I have also requested that my solicitor check with hers that the Statement of Information is correct as her and her partner have recently got new jobs. My partner used to work for the firm of solicitors that my ex is using, and it would seem that this particular firm sail very close to the wind in terms of what they can get away with, hence not revealing to me or my solicitors at any time just what my ex's financial situation is. Seeing as they both work full time it is far likely to be a lot better than my measly wage.

Still very concerned that everything will go wrong and dragged out even further but am trying to think positively.

Also, this case has been dragged out to ridiculous proportions all through no fault of my own - seeing as my ex is privately funded and I'm legally aided, surely I won't be expected to meet her costs? Its not my fault the consent order didn't get approved - she drew it up with her solicitor so i don't see why I should have to pay for this delay.

Oh and the £10k was suggested by my ex as the figure that she wants our son to have from the settlement right at the beginning, and she's stuck to that the whole way through.