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opposing the consent order (NEWBIE)

  • damo_mor
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28 Mar 12 #320522 by damo_mor
Topic started by damo_mor
Can anyone tell me what I need to do to oppose an order in my first court hearing(the pronouncement of the Decree Nisi.) I have already signed a Consent Order basically giving the marital home to my wife. The equity is about £190,000.

I was hoping that by being more generous than I could really afford that my wife would behave honourably, but since I moved out of the house, she moved her boyfriend in within a week against what we had agreed verbally. She has since broken other verbal agreements regarding our 2 kids and generally made my life very difficult by making false allegations against myself and my family and generally being vindictive and nasty.

Just recently, her solicitor sent me a new consent order and asked me to sign it and return a copy, which I have refused to do as I am no longer willing to do any favours for her financially. I asked her on several occasions to quit her bad behaviour and told her that I would withdraw any goodwill if it continued, but she kept pushing.

I have already signed the deeds over to her and she paid me £30,000, a paltry sum for my share of the equity seeing as I had around £30,000 of personal debts and I have not asked her to take that into consideration. What can I do now to ensure that I get my fair share of the equity? I dont want cash or for her to sell the house. I am happy to wait until the children are no longer dependant.

We are both in full time employment and I look after the 2 children every day after school until 6.15pm, when she either picks them up or I drop them off. I do their dinner every other day and I have them on alternate weekends.

My solicitor has proved to be incompetent and I am looking to get new representation asap before the court appearance on FRIDAY THE 13TH OF APRIL

  • jonathancj
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29 Mar 12 #320620 by jonathancj
Reply from jonathancj
It sounds as if the only avenue open to you is a material non disclosure by her of her intention to cohabit. However, these tend to be the most difficult of cases to run. What is different about the new consent order compared with the one you signed?

  • damo_mor
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29 Mar 12 #320674 by damo_mor
Reply from damo_mor
Im not sure to be honest. It seems to me that the court has rejected the other one for some reason. I think that it was not as specific as the new one. I went to see a new solicitor today to discuss my options, which are to let her get her financial application done if that is what she does and then have her means tested as a couple with her cohabitee taking into account his assets and income. I gave her a really good deal and she just gave me hassle. Now, Im broke with huge debts. I''m trying to get a charge on the property of 15% to make it a 30/70 split in her favour and try to keep my pension. I''m not asking for cash, but for the 15% to be paid upon the sale of the property or the youngest child finishing school. I found out today that she has not been going to work for some time and she got rid of the dog. I don''t know what to make of that. I think that if she has quit her job that I will be in real trouble financially as she will probably go for SM too aswell as the CM. I really don''t know if I could continue working to fund her new life with another man.

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