New Consent Order Issue

Further to my previous thread, I have just received a letter from my sol enclosing a letter from my ex-wife's sol regarding the final installment of her settlement (£4000):

"If you client is able to raise sufficient monies in order to settle monies due to our client now, then this may convince the Court that the agreement, as reached by our respective clients, should be approved now".

So basically I have to hand over £4k that I absolutely do not have in order to possibly increase the chances, just maybe, of getting the Consent Order approved. I'm so annoyed to be backed into a corner like this and feel that by the time I have paid this over, I would have paid a total of £20,000 to my ex without the benefit of any consent order. Apart from having the divorce through and my house being back in my name, I am still no further forward than I was at the start, two and a half years ago, and have nothing legally binding in writing.

Any ideas on which way to turn? Am waiting for my sol to ring me this afternoon.

Erm you should only pay money once the order is approved not before, the aim of the order is to specify what money is paid and when, typically 28 days after the order is sealed.

Thanks for your quick reply. In the consent order it actually says that by mutual agreement I don't have to pay the £4k to my ex until next September. This is when an existing loan that I have expires and I can hopefully get a new one. Her solicitors are now trying to suggest that giving her the money now will add more chance of the consent order being granted, despite the fact that I have already met every single clause in the order bar that one. It just feels to me like a last ditch attempt for her to get that money early, with nothing gained at all by myself.

Yet at the same time I worry that the court will see this letter and see my refusal to hand the money over as non-compliance, despite the fact that it was agreed it can wait until next Sept. Feel very blackmailed and just so stressed over the whole thing. She's had everything the way she wants it for two years and I'm left penniless with the prospect of losing it all to a court case anyway.

Any thoughts much appreciated. Is the judge more likely to seal the order if I pay this money? Or will the fact that I have complied with every single other term mean that I am just as likely to get it sealed? Will he look badly on me not paying this money early? Very torn.

Tom the judge considers the order itself to make sure its basically fair, if it is it gets sealed, if the judge has question they will write asking or ask you both to a short hearing.

There is no non compliance on your part, the order says next Sept not now, they are asking for the 4K now but its only a request, politely inform them you will comply with all orders once the order is sealed and therefore binding.

Good idea. We have a hearing listed for 2 weeks today thats why I feel its a last attempt to get the money and am wondering whether it will make a difference. Am still waiting for my sol to get back to me!

The hearing is usually listed for 15 minutes, my own barley lasted 6 minutes, i think you`ll find its over in a flash and is quite informal.

Don`t worry to much about it, the time too worry is if you don`t comply with the order but certainly not before its even sealed.

dukey wrote:

The hearing is usually listed for 15 minutes, my own barley lasted 6 minutes, i think you`ll find its over in a flash and is quite informal.

Don`t worry to much about it, the time too worry is if you don`t comply with the order but certainly not before its even sealed.

See this is another thing I'm worrying about - the hearing is listed for 45 minutes!! Also, as it stands the consent order is totally out of date anyway because everything - the removal of her name from the mortgage, transfer into my name, £16.5k paid to her, first trust fund installment to little boy, ALL of that has been done by myself...will the Judge know this already?

Turns out that my solicitor is now out of the office for the rest of the afternoon! Another night of worry! Am sure deep down that it will all be ok by my ex is so manipulative I just keep wondering what trick she'll try and pull next.