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Help with signed draft consent order

  • Lexarni
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7 months 4 days ago #510997 by Lexarni
Help with signed draft consent order was created by Lexarni
I am a litigant in person. My STB ex is the applicant and I am the respondent. We have both signed a draft consent order that should be submitted to the court today (10 January 2020, according to a letter from the court). Her solicitors sent me an updated d81 and asset schedule, but these have some incorrect information, which I pointed out, saying I could not sign the d81 until this has been corrected. I have still not received the amended d81 from her solicitors. What do I do next, as they are uncooperative? The consent order was signed by both parties almost a month ago, but has not yet been filed at the court. Any advice will be appreciated.

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  • hadenoughnow
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7 months 3 days ago #511006 by hadenoughnow
Replied by hadenoughnow on topic Re:Help with signed draft consent order
Is the information updated in some way?

Is it your information or theirs that you think is wrong? If theirs, ask to see paper evidence to support the figures they have provided.

Would this make it likely the court would refuse the order? ie does it make the agreement appear unfair?

Hadenoughnow

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7 months 3 days ago #511014 by Lexarni
Replied by Lexarni on topic Re:Help with signed draft consent order
Thank you for your reply.

Part of the Heads of Agreement and consent order was that I would sign for a further loan to fund our son's very expensive university to be taken out against a jointly owned property, and that my STBX would receive the profit of the sale of the property.

I did not agree with my son going to this university, but agreed to sign for the loan nonetheless to be able to reach an agreement.

The amendment made to the D81 was the loan amount. It was given as £6,200 and is in fact £16,000. It might not make it likely that the court refuse the order, but I was more concerned with submitting accurate figures to the court, as I need to sign a statement of truth. The loan has already been applied for and received by STBX, so there is direct proof in the form of loan documentation and bank statements.

Also, the asset schedule they are sending with the consent form states that one of my liabilities is £5000 instead of £8000. The pot is very small, so small amounts make a difference, and again I was concerned about accuracy.

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