Order to sign a consent order

Hi

I had a Directions hearing yesterday and have been ordered to sign the Consent Order that the judge at the final hearing refused to sign.

I now accept that I have to sign the consent form by order. Can I explain on the consent order that I am not signing it by consent but by order?

I did not wish to sign the order because I am now homeless and unable to work due to ill health. I do not have an income. I have lost my income from a rental property we had as this has got to be given to my ex. On the consent order it states I agree to giving up my beneficial interest, but I don''t agree. I cannot claim benefits as have been advised I consented to the order! and gave up my income regarding the flat.

His inheritance was ring-fenced although spouse was on the Will.
His pension was ring-fenced.
I received no spousal maintenance
A Bare Trust agreement was revoked at the directions hearing although Bare Trusts are irrevocable, so I am not even confident that the consent order is legal but again I know I have to sign it.
I had gifted 8k to my son as a deposit which was credited back to me.
My ex had credited 50k to his children this was not credited to him.
Incorrect assets were shown although had evidence they were incorrect but these figures were used at directions hearing.
They gave me 100 pages to read at 9.50 and we went in before the judge at 10 so I did not have time to read them.

I know I have to sign but can I protect myself in anyway regarding claiming benefits or if my we face problems when trying to transfer ownership to my ex which we have been ordered to do in 28 days and I have to pay costs if this is not done.

Or maybe have I got this wrong, I have no consent order to sign and it is at an end?

Feeling it is not worth continuing with life so if anyone could help I would appreciate it.

Did you have legal representation?

If it went to FH and a judge is saying you have to sign I guess you have to other wise it would be contempt of court.

Assume judge believes its '' fair'' and what the court has ordered.

I thought a consent order was an order which you agreed to - was it a final hearing and a judge made a court order?
I''m not a legal expert and hope someone will help you who is - but if a judge ordered it I thought it was a court order? and not a consent order?
If you can''t work due to ill health are you claiming ESA and or PIP? and if you''re homeless have you been to the local council to enquire about housing? maybe you could seek advice from CAB with regards to claiming benefits - who told you that you can''t claim benefits of any kind?
Claiming sickness benefits is nothing to do with a consent order.
Sorry I''m not much help and hope you can get the answers you need from one of the wise wikis.

Hi I am a bit confused myself!

It was a Directions hearing as the Judge at the final hearing would not sign the consent order.

I think may be I was being a bit hopeful in the last post thinking I would have something to sign. I think this is just now an order which I have been ordered to comply with.

I was advised I cant claim benefits as I voluntary gave up my income and was advised the consent order I signed was not legal, so benefits were not allowed.

In regards to being homeless, they have given me enough to buy a flat but have to wait for the matrimonial home in which I live to be sold. I am meant to live off my savings, but if I do that I cannot then buy a flat, so I am having to move out now so that I do not incur the bills etc.

I thought it would be looked at regarding fairness etc as the previous Judge would not sign it, but nothing like that happened. The Judge just kept on saying, it should have been sorted at the FH and nothing could be done now.

As I''ve said on other threads if you agreed a consent order and the judge acknowledged it you had an "unperfected" order. As I understand it you resiled on the agreement and the Directions hearing gave you the opportunity to show good cause why the unperfected order you previously agreed as fair shouldn''t be turned into a perfected order. In those circumstances the court can impose the terms of the agreement "not by consent." See the case Rose v Rose 2002.

No the Judge did not acknowledge it, he said it was unfair and ordered a Directions hearing. No the contents of the consent order were not discussed at the directions hearing, it was a different judge who had no knowledge of what was in the consent order no bundle etc.
The judge at the directions hearing did not know that the consent order had not been agreed at the Final Hearing, he thought I had signed in agreement and changed my mind.

In that case you may have grounds to set aside the order but you really do need legal advice how to proceed.