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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.


Challenging an existing Consent Order

  • Biancihelp
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03 May 12 #328174 by Biancihelp
Topic started by Biancihelp
Hi there My husband and I split over a year ago having been married for nearly 20 yrs with 2 children 14 & 10 yrs. The house was sold in Oct last year with very little equity. We agreed a Clean Break Consent Order in November 2011 to split the small amount of equity 50/50, and my husband was due an inheritance from his father who died in the middle of 2011 just prior to my ex petitioning for divorce. However, my ex told me the inheritance would not amount to much due to large debts in the estate. He told me he would receive between £30k and £40k and offered less than £5k from the inheritance as part of the Consent Order. At the time, I was being pushed by him to sign it as there were school fees overdue for our daughter and they were threatening to suspend her from school if we did not pay.

Our Decree Absolute came through in February 2012. To date, the payment upon inheritance has not been made to me as he has not yet received the monies but I have just found out that he stands to inherit around £150k very soon. I am devastated as he lied to me and will be able to move on with his life whilst I have nothing. Is there anything I can do? I have read a few online guides which suggest that deception is a cause for having the Consent Order overturned, as is duress. As he lied, can I challenge the Consent Order? Also, I do feel that I was pushed into signing due to the difficult circumstances at the time and I never saw a financial disclosure.

I would appreciate some advice.

Many thanks

  • dukey
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03 May 12 #328178 by dukey
Reply from dukey
For a Consent Order to be solid it requires both parties provide full and honest disclosure, this can be via form D81 which you both would have completed, however if he was dishonest in that he knew he would inherit much more you could perhaps have the consent order set aside, but it is a bit of a long shot.

Until he actually receives the money you can do nothing, court wont consider what he may get just what he has received.

It would be worth your while talking to a family law solicitor before taking any action.

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