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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

draft consent order ......can he withdraw

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baboo
Posted by
Senior Member

29 Sep 10 #227119 by baboo

Topic started by baboo

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Can someone advise ... I am a year on in negociation via solicitors r/e a settlement.

I accepted a split of equity and a Clean Break with just csa paymnets for the children back in May .
Since then , the draft Consent Order had to be amended as the wording was not correct but only a minor change. Also last month . my stbx stopped contributing toward the joint mortgage of the FMH as he Isnt legally obliged to .
I have taken on extra work to cover this myself as I have had enough of all the stress of this process ..and the cost ! 6k so far .
My worry now is that my ex will just refuse to sign the order because he is so bitter even though I have accepted his offer and will be back to square one.
Getting a response from him seems impossible and there doesnt seem to be any time limits with which they have to act .

My question is if I take it to court now, would all financial exchanges have to start again or use the exhange we did a year ago . Since then , we have already split the savings according to the agreed split ,and he has spent a great deal of his money whereas I have been trying to save for a house for me and the children.Also, I am now earning more as I have been forced to to cover the mortgage so my earnings are greater .
And could I claim costs as he is deliberately delaying and obstructing even though he knows this is just costing us both more money . I have all the paperwork outlining the order so would the judge just look at that ??

I just want it all over ... help !!

.Charles
Platinum Member

29 Sep 10 #227146 by .Charles

Reply from .Charles

It depends if you both obtained legal advice. If so, you can rely on the offer and acceptance as a binding agreement. This is covered in case law of Xydias v Xydias where the key factors to pass the test of a binding agreement are fairness, full disclosure, legal advice sought, no undue pressure.

If you have to apply to enforce the terms of the binding agreement that a party seeks to renege upon, you can apply for your costs from the other party.

Charles

baboo
Posted by
Senior Member

30 Sep 10 #227281 by baboo

Reply from baboo

GREAT THANKYOU !!

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