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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.

application to overturn consent order

  • stress bunny
  • stress bunny's Avatar Posted by
  • Junior Member
  • Junior Member
28 Mar 12 #320378 by stress bunny
Topic started by stress bunny
My ex made an application to overturn a Consent Order because i had remarried. He was seeking 50% split on assets even though i have our daugher who is 15 - the original order was 75/25 in my favour. I wanted a 60/40 split but my barrister said I should settle for 50/50 due to the facts of the case which i accepted. I thought that was ok as I was getting money each month in maintenance for my daughter. Having made the open offer plus payment of all his costs, him accepting it and my solicitor drawing up the agreement, I have found out that my ex immediately accepted a job offer in New Zealand and is moving mid May with his new family and has told our daughter he will never come back as he can''t afford to. They asked her for a copy of her passport last time she went to his house and have also included her on the paperwork. He has a history of leaving large debts in countries (in his home country before he came to the UK he left a large mortage and student loan that is why he cannot return there and why our home in this country was in my sole name). I feel a bit duped as I feel sure I will get no more maintenance once he goes and I cannot go via the CSA so i really have no recourse left to me. My question is am I acting reasonably to go back on the offer and suggest a slightly lower one, taking off the money he would have paid in maintenance until she is 18 and calling it quits ie making a revised open offer in light of these facts, which will make the split about 55/45? The court date is next week so i need to act fast - my solicitor is on holiday.. Any advice? Thank you

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
28 Mar 12 #320399 by cookie2
Reply from cookie2
Has the consent order been put through the court yet?

  • stress bunny
  • stress bunny's Avatar Posted by
  • Junior Member
  • Junior Member
28 Mar 12 #320446 by stress bunny
Reply from stress bunny
Hi No it hasn''t - nobviously the oringal one did back in 2010 but it was a listing in court for him to appeal to overturn, we adjourned the date as I agreed to settle and my solicitor has drawn up the agreement which i have waiting here to be signed but it is listed again at court on 3 April so we are cutting things finely

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