A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


The law and common sense or lack of !

  • Dani123
  • Dani123's Avatar Posted by
  • Premium Member
  • Premium Member
More
20 Mar 09 #100622 by Dani123
Topic started by Dani123
I have been reading a great number of posts on the forums and it is apparent to me that a lot of us have become victim of the credit crunch.

Many of us have signed Consent Orders prior to the start of the financial crisis. Our agreement / judgement was based on the situation as it was then. Everyone knows of course that there is an amount of risk - property / share values go up and down - but what the world economy is currently experiencing was not forecast.

The point I am trying to make is that many of us are now in a position such that we are unable to fulfill the terms of the Consent Order through no fault of our own - Properties not selling unless given away and the most unfortunate of us even now unemployed.

Unfortunately the feedback I seem to get from solicitors is in short "tough, you signed a court order". Unless ex spouses are still in good speaking terms and sensible enough to realise something must be done there doesn't seem to be any leniency from the law. What happens to protecting children then?

  • debsn
  • debsn's Avatar
  • Senior Member
  • Senior Member
More
20 Mar 09 #100632 by debsn
Reply from debsn
Hi Dani
As you've probably seen, I'm one of those unlucky ones! Going to see another Solicitor on Monday to see if there's any hope. I've got a lot of equity still, so am really hoping the bank will see sense and give me an advance which will enable me to pay him off without having to sell. I'll let you all know if there's something to report back next week! Debs

  • Dani123
  • Dani123's Avatar Posted by
  • Premium Member
  • Premium Member
More
20 Mar 09 #100637 by Dani123
Reply from Dani123
Good luck Debs. Hope it works out for you.

  • Elle
  • Elle's Avatar
  • User is blocked
  • User is blocked
More
20 Mar 09 #100638 by Elle
Reply from Elle
Hi Dani,

Unfortunately....oooo I hate that word....its as you have been told...the Courts deal with matters as they are on the day. CO can be revisited if certain criteria is met...costly and stressful as well as risky.

I however have been one of those that has benefited from the credit crunch...it move matters on more in 3 months than the sols and courts had in 9 years!

Good luck Dani

Elle x

  • debsn
  • debsn's Avatar
  • Senior Member
  • Senior Member
More
21 Mar 09 #100920 by debsn
Reply from debsn
Hi Dani
Just to let you know I contacted my MP about this situation and he has written back saying he is willing to take it to Alistair Darling! The fact that my MP is conservative may have something to do with it, but I would urge anyone in this dilemma to contact their MP so as to raise awareness, if nothing else!! Debs.

  • musicmad
  • musicmad's Avatar
  • User is blocked
  • User is blocked
More
27 Sep 09 #149800 by musicmad
Reply from musicmad
Hmm - I think credit crunch or not we are all victims of being held to an agreement based upon a point in time with little chance of review or change.

I am 40 this year and as the only breadwinner with a small child between us I am being forced to make an agreement to ensure my wife and child are safe and not only adequately housed/fed/watered but I also have to "keep her in the style she is accustomed to".

I am lucky that I am in a good job currently but I have been threatened with redundancy four times in the past two years. I do the work that I used to do alongside the work of a contractor who was let go of. I can't complain as if I do... I am barely managing to keep it together as under this strain my financial future is being decided. I have the potential of maintenance being awarded against me for life when I was married for just five years. The assumption under law being that my wife didn't work (because we were both planning for or having a baby in that time) and under law the assumption is that is how it would always be. The lies about not being a "meal ticket" are just lies - if I am threatened with paying until I am dead and long after my child may have her own life and children, what chance do I have of going to the same unjust court and getting maintenance reduced? From what I have seen, if I "can afford it" it makes no difference. There are both asset funds and cash funds and assets are not considered in the majority of cases - the courts award the majority to the parent with care "for the safety of the child" - but when the child is grown up, left and built a new life what happens then? The other parent is left in the cold is he hasn't recovered. A "nice little earner" if there is a discrepancy between your earning capacities.

I am in the position that my wife now has the bulk of the assets and I have a small proportion. What if I loose my job now and end up with something paying less well. Where does that leave me? Safety of the chid first yes - but why no review when the child is 18? Why shouldn't my wife contribute by working - when the child is at secondary school is that the same as when she is an infant growing up?

The law is unjust and corrupt on so many levels but the main point in my eyes is that no one can predict what is going to happen in fifteen years time.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11