Hi Mike/Poppy et al
I found this really useful - don't know if you saw my post a couple of days ago re: Really bad Barrister?
My problem was that my ex lied and deceived ALL the way through the proceedings and was in contempt of Court at the Final Hearing, yet I was coerced into signing a Consent Order giving him over 50% of the equity in MY home. This was done by my Barrister saying if I didn't, the Judge would very likely make me sell my house now to pay him off!
He had already re-married yet none of the equity in his new home was taken into account, not was the difference in pensions (his built ONLY during marriage and twice mine that I've been paying into for 20 odd years). He was earning £50,000 and I was earning £13,000. Whilst I know that Judges don't like the "who paid what" argument, in my case I could prove that he only cont. 23% of his total income during the marriage.
I would love to know if there is any way to get the Consent Order overturned as it was totally biased. Any suggestions welcome! Debs

missy8c wrote:
Would Edgar principles apply to an agreement that has been signed by both parties but not endorsed by a court or solicitor?

....... I want to represent myself as I am not really able to afford solicitors' fees so anything that might help my case would be useful.

Hi Missy,

I am NOT legally trained so you must do your own research but yes I believe that Edgar Principles would apply.

If someone wants to overturn a Separation Agreement not ratified by court, that was intended to be final, they must prove one of the five principles,

in short; Conduct,Disclosure,Proper legal advice,Undue pressure,Change in circumstances.

Did you both take Legal Advice at the time and can you prove it if you did ?

If not I think that he may have a good chance of departing from the agreement. Sorry.

HTH

poppy

Hi Debs,

I don't think Edgar Principles would apply as I think they are all about agreements not sanctioned by courts but I am NOT an expert so please keep researching.

With regard to your question ; I think the only way or at least one of the ways a consent order can be varied/overturned is if one party puposefully witheld information that would substantially affect the outcome.

So. Was your consent order ­base­d on what he had disclosed in his form E

OR did he hide something

and can you prove it

and is it a big amount ££?

HTH

poppy

Thanks Poppy,
I did take legal advice and have nothing in writing but should be able to prove it if I contact the solicitor. My ex told me he had seen a solicitor too but this may or may not be true and I guess he can deny it if he thinks it will help him to do so.

The Court may give considerable weight to any private agreement but agreements are always subject to review. An agreement might be upheld if it's fair, there was full disclosure, both parties benefitted from legal advice and there has been no important and unforeseen change in circumstances. Other matters considered are undue pressure, exploitation to gain an undue advantage, and changes in the law.

Once an agreement has been turned into a consent order by the Court it is final and applications to have it set aside are discouraged. The grounds for setting aside are non disclosure of material facts, fraud and misrepresentation, supervening events which change the basis upon which the order was made (eg one party dying shortly after settlement) and undue influence.

Hi All,

The Court will give primary consideration to minor children.

YA

Hi Guys

Poppy - how are you getting on with Mr and Mrs Edgar? If you post why he is saying the agreement should not be upheld (i.e. which of the Edgar principles he is relying upon), I will try to hep you.

Missy - a lack of legal advice can cause your agreement to be set aside, however, you have a strong argument of acceptance as it has been 4 years since the agreement and you have both effectively lived under it - sounds like he is on a very sticky wicket.

Debs - Edgar does not apply to the consent order, but if there is substantial material non disclosure this may be a Barder event. Also, I think you mentioned that Counsel negotiated the order in the knowledge of non disclosure. If that is the case you need to see someone who does professional negligence in family law context, as a decision would need to be taken as to whether the effective remedy is to set aside the order or to start looking at the lawyers....or sometimes even both.

Amanda