Undue duress

I understand you can appeal a court decision on undue duress, does the same apply for undue influence?

Thanks

As I understand it you had an "unperfected" Consent Order which was turned into an a court order "not by consent" rather than a judicial decision. See;

www.wikivorce.com/divorce/Divorce-Advice...g-assets/Page-2.html

Claiming you were under pressure won''t cut it and even if undue influence can be proved it isn''t normally a good enough reason to have the order set aside.

"There is jurisdiction to change one''s mind up until the order is drawn up and perfected." [19] Of course there has to be some rational basis for the change, just as there has to be a rational basis for any judgment or order: "A carefully considered change of mind can be sufficient"

I did not sign the redrafted consent order as the amendments requested by the Judge had not been put into the new draft order and I therefore changed my mind as a result of the Judges deliberation on the consent order. I did not see any point in signing the the same order as I had done previously under undue influence when the Judge said it was unfair!

Jane2014 wrote:

"There is jurisdiction to change one''s mind up until the order is drawn up and perfected." [19] Of course there has to be some rational basis for the change, just as there has to be a rational basis for any judgment or order: "A carefully considered change of mind can be sufficient"

Yes, but a sound legal reason has to be shown and accepted by the court to prevent an unperfected financial consent order being turned into a perfected one.

The quote above originates from a care case and the law in financial cases can be different from children cases.

So how do you get the judge to give his reasons as to why he wont make it into a perfected order and at what stage should this happen. His reason at the Fh was because the order left me in a financially insecure and unfair position and we should negotiate to make a fairer deal. The Directions hearing stated the order should be enforced as I signed. No details of the order were considered. So from what you are saying although Judge at directions was not aware of the content of tbe consent order he can overide judge at Fh and not comply with court order resulting from Fh. Have i understood that correctly?

Would it make any difference that the Judge who refused to sign the consent order was of higher standing than the Judge at the directions hearing. Or can the lower authority judge still overide the Judge from the Fh.