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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.

 

Show cause hearing

  • Jane2014
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29 Apr 16 #477550 by Jane2014
Topic started by Jane2014
I signed a Consent Order under the duress of my barrister stating if I did not sign she would say I was unstable.
The Judge at my final hearing did not not approve it and asked for issues to be discussed and to return for a Directions hearing.
No discussions took place due to be told I was resiling on agreement.
We returned to court for a listed directions hearing but it was notice to show cause hearing. The Judge said I should have stood up to my barrister and refused to sign so the consent order stood. There was no original bundle, consent order was not available.
I was indemnified to pay costs if a third party did not transfer their property to my ex. Final hearing Judge was not happy about this at all and said I should not be involved.
He was also unhappy regarding I had no income or pension.
So my question is can a directions hearing turn into a show cause hearing. Should the court have advised of this?
The argument for misrepresentation is my barrister should have been aware of the position the indemnity put me in and gone infront of the judge prior to forcing me sign. The judge was aware that the indemnity clause was not in m best interests.

  • .Charles
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29 Apr 16 #477551 by .Charles
Reply from .Charles
With the benefit of reading some of your other posts and having read this post I don''t think there is much that anybody could add as the circumstances of what occurred are not clear, or are not clearly explained.

I would urge you to seek legal advice from a specialist family solicitor who could advise on the prospects of overturning the order or establishing negligence against your barrister although the latter is difficult.

I know this is not the answer you want to hear but I believe the limit of helpfulness of this forum has been exhausted and uninformed commentary is likely to blue the lines even further.

Charles

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29 Apr 16 #477575 by Jane2014
Reply from Jane2014
ok thanks. I like to get as many opinions/advice on the matters which have caused problems, as so varied. Am advised by a few solicitors I have a watertight case but trusted them previously! and got told off by judge for doing so!

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