Re:Got a consent order but I don't want to pay

Got a consent order agreed with husband but then I find out his father died the day before and he didn't want me to find out as he thought I wouldn't have to pay the £7500 he wanted from me. It was agreed for me to pay £3000.00. He stands to inherit £250,000.00. I don't want any of his inheritance but should he have declared it in court? He kept most of the possessions in our 4 bedroomed detached house which we were supposed to share 50/50. I feel annoyed and dont' want to pay the £3000.00 that I agreed to. Can he make me pay. What does anyone suggest. I am feeling very bitter. I am 63.

If he failed to disclose material facts you should have applied to have the order set aside as soon as you found out.

I doubt you would be able to challenge the order now despite hits inheritance. if you won the lottery in the interim would you think it fair if you ex was to apply to set aside the order and make a claim against you?

Charles

I don't want a penny of his inheritence but I now have to sign shares over to him and £3000, I feel if the court had known he was to inherit at least £250,000 then I may not to have to give him the money he wanted i.e. the £3000 was for £75 of my dental fees in 2007, plus half a new central heating boiler in 2008. I wasn't living in the house. I now have a pretty bleak future at the age of 63. I am not a money grabber but I now believe dishonesty seems to pay. If I had won the lottery I would have been honest and said.

when was the order agreed?

Had his father been ill (i.e. did he know he was likely to inherit in the very near future?)

As Charles said, it is possible to apply to set aside an order where there has been material non-disclosure, and it is possiblethat if the court had known that he was about to inherit £250,000 they might have considered your needsm, and his, and whetehr it was reasonable for you to have to pay.

BUT - there are no guarantees. If his father literally died the day before the order was made, he may not have known at that time if / how much he was likely to inherit.
In addition, the cost of going back to court could be extensive, and you could end up spending all or most of that £3,000 on legal costs.

Have you considered asking whether your ex would be willing to agree to a variation of the order? Perhaps to say to him that you will agree to vary it for him to retain all ofthe home conteants and you to retain the £3,000.

His father was nearly 96, was in a Hospice. My husband's mother died 6 months previously. They had an awful lot of money. Extremely frugal. That is his good fortune, sounds awful to say it, but a fact of life that we are all going to die.
My husband is full of revenge. He would love it I asked him about a variation.
I have to send a cheque to my Solicitor who then passes it onto his Solicitor, (more cost) I then thought of putting a stop on the cheque before he could cash it.
Would it cost him to take me to court? Just really upset at the moment.
Thank you for your help and advice, much appreciated.