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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.

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Can I ask for a new judge I hate her

  • sulkypants
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14 Apr 12 #323748 by sulkypants
Topic started by sulkypants

she seemed biased refused our Consent Order 60/40 split after 20 years marriage refused to take note that I have hospital admissions so hse has given me an impossible timetable to follow

she loved my ex husband who acted like a puppy pointing out that he was a retired cop and not represented neither was Iand I cant afford one but there are alot of assets.

Stated she would put a staturay charge on my house if I didnt co operate.

I dont see why I should have to have a charge when we have agreed to this.

I think we are going to have to go back to mediation and tinker with agreement as it took so long to get into court that it was out of date ...
he took all the savings and bought a house which she was unaware of ... it does give me the opportunity to point out his visa hunting russian girlfriend seems to spend all her time at his house and hes probably killing himself keeping her in vodka as well as paying maintence

  • LittleMrMike
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14 Apr 12 #323765 by LittleMrMike
Reply from LittleMrMike
There are always two sides to every story.
No you can''t ask for another judge because you don''t like her ruling. You can see what chaos would result if this were to be allowed.
So the situation seems to be that you had agreed terms for a consent order and the judge has declined to sign it off, as she is entitled to do if she thinks the agreement is not a fair one, and this risk is enhanced when you have two litigants neither of whom has access to legal advice.
So you have no agreement. You have to consider the reasons why the judge did not approve it and she should have given you some indication of what changes she would want before she would approve it.
You can either agree those revised terms, or you can go to a full trial and just about anything could happen then.
There are circumstances where a judge should not hear a case and the most usual is that (s)he knows one of the parties. I noted with an amused smile that Nicholas Mostyn QC, probably the top divorce lawyer in the country and now a judge, the name to make all divorcing husbands apprehensive, is himself getting divorced and somehow they had to get a judge who didn''t know him ; similarly David Vaughan QC caused similar problems with his divorce, because all the members of the Court of Appeal knew him already.
Nothing in this life is perfect and judges have their faults like we all do, but corruption, mercifully isn''t one of them. No judge would adjudicate in a case involving someone he or she already knew.

  • Pammy1970
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16 Apr 12 #324116 by Pammy1970
Reply from Pammy1970
I''ve had a different judge at each hearing. I was told that you don''t get the same judge so that you get a different opinion. I am almost at court hearing number 8 and each time it has been a different judge. I doubt you will get the same one next time.

  • .Charles
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16 Apr 12 #324183 by .Charles
Reply from .Charles
It depends how large the court is. I recall going to Warwick County Court (which has since shut down) a long time ago.

I''d not been there before and asked the usher which room my hearing was in. The usher looked at me quizzically and said "the one with the judge in" - how was I supposed to know there was only ever one judge?

If a case is particularly difficult or requires judicial continuity, a judge can reserve the case to themselves.

The only exception is when a Judge sits at a FDR hearing as it is not permissible for a Judge at FDR to then deal with the final hearing. Although I have heard on this forum that that has occurred.


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08 Oct 12 #359832 by sulkypants
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Hula hula its all over :side:I hope my order was granted.

Enforcing it will be another matter prob ably as he has been hit with all the costs and has long pockets and short arms. He has already underpaid the child support he was ordered to pay by the court...beggars belief really he paid when it was voluntary now he has to he underpays.

Anyway we did the mediation route again and nothing in the order was changed other than he screamed poverty, but they were having none of it, faced with a full hearing, we revamped our order and made sure the facts were up to date and accurate, our previous one was not, there was no mention of him buying a new house etc...but its done now, agreed and stamped buy the court.

I have signed the form requesting my Decree Absolute paid the £45 court fee and will see how long it takes now ...phew only took me two years so far so no hurry lol.

Bet my next query will be how to enforce a consent orderB)

  • carer
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08 Oct 12 #359935 by carer
Reply from carer
Hi Sulkypants,

You sound so releived. I bet you cant wait until you get your Absolute can you. I hope your Ex doesnt start playing silly people and follows the Consent Order - it seems odd that he isnt following it regarding the child support.


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09 Oct 12 #360039 by sulkypants
Reply from sulkypants
Relieved yes :)it takes too long to do, you never know the person you marry until you apply for a divorcee.

He states he underpaid child support as he has to pay additional child support until the pension is split, and his pension company told him they would backdate that (as he is in receipt of his Police Pension now) to the date of the court order.

He states he does not have a copy of the court order yet as it was granted 2 weeks ago and he has yet to receive a copy from the court.

Underpaid me by £90 I gather an enforcement order costs £90.

My solicitor forwarded me a copy of the order I have no idea what happened to his.

I am very happy its done now ....but would not wish to do this again ever.

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