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

Am I being treated/advised fairly?

  • thisisthelasttime
  • thisisthelasttime's Avatar Posted by
  • Senior Member
  • Senior Member
More
26 Aug 12 #351993 by thisisthelasttime
Topic started by thisisthelasttime
I have just received the Consent Order to complete and have a copy of my STBX''s. Everytime I try and sort through the mess that''s been created I feel inwardly ill.The STBX is coming out of this, or will do with so much compared to me, yet I was the one who paid for everything. It seems so unjust. We lived together for a couple of years before having a Civil Partnership. Twenty months later we are going through a Dissolution. I owned my property prior to living together, she moved in with me, it became marital home. She had her home and two other rental properties, her former home was also rented out.I paid all bills and mortgage. Now I''m having to pay her! I have no claim to her properties or income from them, yet she can claim against "the marital home". How is this fair? Please can someone help me understand this as I gave her everything, now she wants to ruin me? I have to borrow against my mortgage to pay her. I am struggling financially to keep my head above water now:unsure:

  • Stumpylad70
  • Stumpylad70's Avatar
  • Platinum Member
  • Platinum Member
More
26 Aug 12 #351996 by Stumpylad70
Reply from Stumpylad70
I am sorry to hear that. All I can say is that it does seem terribly unfair. I dont even know what to say. Hopefully someone here will have some legal knowledge that will be able to help

  • thisisthelasttime
  • thisisthelasttime's Avatar Posted by
  • Senior Member
  • Senior Member
More
26 Aug 12 #351999 by thisisthelasttime
Reply from thisisthelasttime
Thank you so much Stumpylad, I hope so too!:)

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
26 Aug 12 #352001 by dukey
Reply from dukey
Before you sign a consent order you must be absolutely sure you do agree with all of its terms, do you have a lawyer? who wrote the order?, do you actually understand what your singing?.

Why after a short and childless marriage are you paying her anymore than she brought?.

All sounds a little strange to me.

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
26 Aug 12 #352003 by sexysadie
Reply from sexysadie
Are you sure that it''s the Consent Order that you have been given a copy of? Have you agreed to it? Have you had any legal advice?

As far as I am aware, Ancillary Relief in dissolutions is the same as in divorce. Even with the pre-cp cohabitation, yours is a short partnership, so you should each take out what you put in - you should get your home back and she should keep her previously owned properties. Unless you have formally agreed to this in Court or it has been imposed by the Court, then you shouldn''t agree. Certainly don''t sign something that you''ve not agreed to that has just been drawn up by her solicitor.

If all you have is her form E with what she is asking for, relax. Just because she is asking for it you don''t have to give it to her. You should negotiate for a Clean Break that gives you each what you entered the relationship with and an equal share of any joint savings.

Best wishes,
Sadie

  • thisisthelasttime
  • thisisthelasttime's Avatar Posted by
  • Senior Member
  • Senior Member
More
26 Aug 12 #352012 by thisisthelasttime
Reply from thisisthelasttime
Hi Dukey, to be honest I feel a bit pressured into agreeing a settlement figure. Yes I have a solicitor, although I do not have much confidence in him at present and cannot afford to change and start over. My Solicitor has sent the form to me to complete but filled in a few gaps.The form is titled "Statement of Information for a Consent Order..."
I am paying her as she has a claim in my property as it became the marital home? She also claims to have paid money into the property for improvements, contribution to food.
I don''t think I will ever trust anyone ever again after this :S

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
26 Aug 12 #352015 by dukey
Reply from dukey
The form your being asked to complete is D81 which is sent along with the consent order for the judge to consider, you must not sign the CO unless you are sure it is fair, this is for your solicitor to advise.

When your only married for a short time as you are and you have no children together and you don`t you usually both walk away with what you brought, the exceptions are few and far between, is your partner from this country, is she able to work, does she have a disability perhaps, you say she owns a couple of property''s.

Any house two married people live in is known as the marital home, its just a title though and does not mean the person who moves in has a claim.

What kind of money are you paying, a nominal amount to avoid court maybe?.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.