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?
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:-( .
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.
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!