Appealing a consent order

Yesterday, I was railroaded into agreeing a joint lives agreement with my ex-wife by the judge in court at the FDR stage. We are both self-representing. I immediately felt unhappy about the agreement and wished I had not agreed. I understand trial would have been set in December or January had I not agreed. Do I have grounds for appeal or must I continue to pay my ex-wife maintenance for herself. Our youngest child is 11 and has started secondary school. I have secondary progressive MS and am drawing a modest private disability pension, which pays at less than the average wage.

Thank you for any help.

Were you advised that you could seek legal advice before signing? Were you given time to seek legal advice?

Thanks for replying.

I wasn't explicitly told that I could seek legal advice nor was I given time to seek it. I agreed my side of the order on my own.

Hmmm, it's a pity. I can see where tets is coming from here.

In just about any other situation, if I induce you to enter into an agreement and you haven't had the benefit of legal advice the judge would have probably said it was one sided and not give effect to it.

But of course in your case it was a judge who made the suggestion and the legal profession is reluctant to criticise itself, especially judges.

I think it would have been better if you had just said that you noted his recommendations and wanted time to have a think - he could hardly have refused you that.

As it is you agreed to the order and I can't comment on your allegation that the judged railroaded you into agreeing. Normally you can't appeal against a consent order before the ink is dry, because of course you agreed to it.

I'd be interested to see if any contreibutor to the site who is a legal professional makes any comment.

LMM

Does the lack of legal advice give me grounds for appeal. Am I likely to have the "joint lives" maintenance removed on appeal?

I assume you signed a minutes of consent in court written by the judge?

Agreeing at FDR under pressure is all too common, people must remember that the judge at FDR can only offer an opinion they can`t impose a settlement.

Because you were with a judge any appeal with fail, the judge accepted that the offer was fair and wouldn't have allowed you to agree if he/she thought you didn't understand what you agreed too.

I know a hand full of people who have tried to appeal after FDR all failed, one didn't even sign the order, he was later told that because he verbally agreed in front of the judge to refuse to sign the perfected order would be contempt of court.

Sorry i don`t have better news maybe one of the legal wiki`s will have other ideas.

Thanks dukey, Little Mr Mike & Tets. The case was an application to vary on 2 points:

1. Eldest child 18 - his payment from me reduced to 25% of original amount (I felt it should be terminated)

2. Wife maintenance terminated given that she could now pay her own way. Judge rejected that entirely despite my limited means and my exs growing wages.

When can I make another application to vary, such that it will not be rejected out of hand?

Thanks