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lowest split of assets possible?

  • Jane2014
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4 years 9 months ago #472272 by Jane2014
lowest split of assets possible? was created by Jane2014
I signed a Consent Order under duress which gave me 20.89% of assets remainder to my ex husband.
I was very scared and my Barrister said if I went before the Judge it was likely I would be awarded less.
I am now on benefits and have no pension.
If I had had the courage to go before judge and not allowed myself to be pressurised by my Barrister, how much lower could the Judge have gone was 15/85 on the cards?

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  • WYSPECIAL
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4 years 9 months ago #472278 by WYSPECIAL
Replied by WYSPECIAL on topic Re:lowest split of assets possible?
Hard for anyone to say without knowing the full facts at the time.

Your barrister who you were paying must have been basing their advice on their expertise and the facts presented to them.

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  • Jane2014
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4 years 9 months ago #472282 by Jane2014
Replied by Jane2014 on topic Re:lowest split of assets possible?
I think that is my argument as it was not based on the facts presented. So I am wondering how likely it would of been for the Judge not to look at the facts or use his expertise. I presume thousands of cases must be like this where Matrimonial Causes Act is ignored and was just wondering how low the split generally can go.

The Judge would not approve consent order and told my barriater to instruct me correctly! but I had stupidly signed it through fear:-( .

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  • LittleMrMike
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4 years 9 months ago #472289 by LittleMrMike
Replied by LittleMrMike on topic Re:lowest split of assets possible?
Has the consent order been sealed ?

Normally if the judge refuses to sign a consent order , (s)he will explain the reasons and may give an idea of what amendments would be needed to make it acceptable.

Did this happen ?

There could be quite a number of reasons for an award as low as 20%. The most likely is a short marriage.

When you say '' duress '' what do you mean by that ? Did he make threats ?

LMM

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  • Haha
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4 years 9 months ago #472291 by Haha
Replied by Haha on topic Re:lowest split of assets possible?
Jane, looking back at your posts, you didn''t get that little.

His inheritance was ringfenced.

The settlement was needs based after a 6 year marriage.

The available assets were split and it was roughly 45/55 on the non pension assets. You got £160k, plus a £40k capitalised pension offset and he got £197k plus his pension


I know you feel the settlement was unfair, but you also have talked about your PTSD issues/emotional well-being. Is it really worth trying to fight this further?

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  • Jane2014
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4 years 9 months ago #472309 by Jane2014
Replied by Jane2014 on topic Re:lowest split of assets possible?
That is what I am trying to work out. He got 320k.plus his pension. Maths was not a strong point of either Barrister and did calculations wrong which is why I was so distressed at hearing. Their figures did not add up to total assets of over a million but been corrected mathmatically now.
So back to my previous question. If you say 35k was capatilised pension do I have to use this as income as unable to work or is there some way I can invest it for a pension? So if you say it was pension no income was achieved although I cannot work?Is that correct and although I had assets prior to marriage and injury compensation which was more than my settlement I did not NEED it. It is so different to matrimonial causes act and I just do not know what to and of course being told I must do something about it, but I must understand it first.

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  • Jane2014
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4 years 9 months ago #472311 by Jane2014
Replied by Jane2014 on topic Re:lowest split of assets possible?
Re the Judge not approving the order. He made suggestions and adjourned. No ammendments were made. Adjournment hearing never took place as ex did a notice to show cause hearing. I had signed and Radmacher v Garationo came into play that once you have signed a consent order you cannot back out! Judge at this hearing blamed my barrister and blamed me for listening to her and not standing up to her. He said consent order had to stand, so I presume he approved it although there was no bundle at hearing, only figures which were mathimatically incorrect.
This is really why I am not sure what to do both Judges thought my Barrister had not instructed me properly although I really did try to explain.matters to her and showed her the fair settlement paperwork I paid for through here, another Barristers opinion, my solicitors opinion and also another solicitors opinion!

All very different from her opinion! that is why being pressed to sort it out and also advised have to be strong enough not to let others go through the same!

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