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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Consent Order

  • mckene02
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04 May 12 #328354 by mckene02
Topic started by mckene02
I NEED HELP AND ADVICE ... I am going to lose my home and the likelihood my children due to not being aware of what a FDR entails.
I have attended my 3rd FDR hearing due to the ex not complying and even at the hearing he had no supplied his full financial disclosure.

I have to say my solicitor did not attend with me which I am disappointed and I had a barrister in attendance who although had years of experience did not fight my case as much as I would like.

As our mortgage for the family home was paid off and the ex owned another property mortgage free.

We have 2 children who he has not financially supported for the last year. I have maintained the family and paid privately to fund my case.

He disposed of a massive redundancy package so this was not in the pot of assets. His father died recently and left him in his WILL which he lied at the 2nd hearing to say he was not a beneficiary.
He did not give his P60 for the form E which should he earnt double of my part time salary.

He represented himself on 2 occassions and due to him being out of work and being recently ill and on benefits got free Legal Aid.

Before the hearing we had his demands of 1/2 of the house value and 30% of my pension although I was a low income worker.

My offer was for me and the children to stay in the family home till our youngest was 18 and then sell the home and he could stay in his mortgage free flat.

My barrister said this offer was refused so the Judge indicated he should have a settlement of cash and possibly my pension which my ex refused my pension as he wanted cash and thought he might die before pensionable age, which should have been taken into consideration by the Judge and his bad conduct.

He perjured himself on paper and I have the proof, the Form says he can be prosecuted. Who can I pass this information onto as this is what was not given to the courts these key facts even though my counsel had this information.

The Judge gave us till late afternoon to come to an offer or go to the 2 day final hearing which i was told would set me back about 12K. As I had funded nearly 10K myself this was out of my remit.

Although I had an offer of a mortgage this was not the figure the ex wanted.

My barrister said could I not raise more I said not on my part time earnings I would either have to give up the children as I could not afford the figure which was mentioned. I was crying during this period.

We went into the court room and the judge was asking the barristers to write up the notes for the 2 day hearing as we could not settle.

Alarmed at the cost of it I said I would give him the figure he wanted.
My barrister never said to me are you sure as this was not a good deal and I am shocked that someone of that experience would not see that I was in a good bargaining position. Little did I realise.

OH HEAVENS MY SOLICITOR OR MY BARRISTER DID NOT TELL ME THAT I HAD FROM THE FDR TO THE WINDOW OF THE HEARING TO NEGOTIATE. It may have been said by the Judge but I was too distressed to understand it. I was so upset afterwards to know this was possible as i did not understand what the judge was saying.

I have signed a Consent Order which means my children and I are going to be homeless as I cannot find the extra money.

WHAT CAN I DO I FEEL MY LEGAL COUNSEL SHOULD HAVE STOOD UP FOR ME. My solicitor who has over 20 years experience sent in her place a trainee who has only attended 3 hearings previously.

I understand a Consent Order is binding but as it is is there no redress as I was not fully briefed and too emotional at the hearing to get the full implications of what I accepted.

Who out there can help me.

  • LittleMrMike
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05 May 12 #328509 by LittleMrMike
Reply from LittleMrMike
I''m afraid that on this information it is hard to say.
But it would be a strange order indeed if the Court made an order which would leave you and your children homeless.
If you knew he had received a large redundancy payment which had not been disclosed, the time to do that was at the form E stage, not the FDR.
Similarly, if your ex had received an inheritance, there are ways and means in which you could find it out whether he disclosed it or not.
It is possible for the order to be set aside on the grounds of non- disclosure, but you do have to act quickly and you would have to show that the outcome would have been different if the Court had known the full facts.
To some extent, a judge should be your safeguard. He or she should not make an order unless satisfied it was a fair one.
I''ll send you a PM,
LMM

  • mckene02
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05 May 12 #328593 by mckene02
Reply from mckene02
how can we speak

  • Lostboy67
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05 May 12 #328597 by Lostboy67
Reply from Lostboy67
Hi
If you hover over My Wikivorce at the top and then go to My Inbox you should see any PMs (Private Messages) that have been sent

LB

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