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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Draft consent order - judge says no - HELP!

  • maisiedt
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15 Apr 12 #324025 by maisiedt
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Hi all,

After a long and protracted divorce process I now have my Decree Nisi and the draft Consent Order was sent. I have avoided the need for legal advise mainly because I cant afford it and I felt it was unnecessary.

I am now kicking myself because the draft Consent Order arrived during a very stressful time and I just filled in as I saw fit at the time and sent it back - without making a copy (I know, I know).

The judge requested a hearing as she did not feel that I have been adequately advised. I now live 300 miles from the court so I wrote and requested that she not force me to attend. She has agreed but wants to know that I have had legal advice on the draft Consent Order. I am wondering if I should ask the court or Ex solicitor for a copy, or just go direct and try to find the pennies to pay for a fresh one to be done.....Long winded I know -help please??

  • sexysadie
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15 Apr 12 #324034 by sexysadie
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If the judge wants to know if you have had legal advice on the order she probably thinks that it is unfair to you. So you should tell her that you have not had advice and also that you were very stressed and just filled it in as best you could and sent it off.

Then you should get hold of a copy from your ex''s solicitor and show it to a solicitor yourself, before it gets confirmed by the court.

Best wishes,
Sadie

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15 Apr 12 #324041 by maisiedt
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Thanks Sadie - I wrote explaining the situation and I think that''s why she cancelled the court date - I had said that this would add more pressure onto myself and the children. Part of the problem that I have is that I now live in Scotland where the laws and processes are different. If I get legal advise over the phone in England and the solicitor thinks its unfair on me is it possible to redraft and resubmit the order?
I really appreciate your time x

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16 Apr 12 #324076 by sexysadie
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If it''s not been confirmed by the court then I don''t think you can be held to it if you didn''t have legal advice.

I really do think you should see a solicitor about this. If the judge is asking these questions the deal is likely to be unfair on you.

Best wishes,
Sadie

  • dukey
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16 Apr 12 #324083 by dukey
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Just ask the solicitor who wrote it for a copy.

There does seem to be an awfull lot of CO''s being held back for the lack of legal advice, I wonder if judges have new directive?.

  • sulkypants
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16 Apr 12 #324110 by sulkypants
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My Consent Order was kicked back too I think judges are unhappy that mediation is invoved and the judicial system in just expected to rubber stamp them, after refusing to stamp it your ordered into court and a stupid time scale is set that does not take into account any of your other commitments etc

It seems to be going under the radar..un noticed unless it affects you directly.

The removal of legal aid means you have to sit before a judge un represented and unable to afford representation.

rant over :blush:

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16 Apr 12 #324113 by WhiteRose
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I actually think the Judge is right in this case.

By questioning the order at this stage, questioning its fairness has given the OP a second chance.

If the Judge had blindly just ''Rubber Stamped'' everything put infront of them, then the Order would stand and would have to be abided by.

It seems the OP being a little stressed had signed and perhaps committed to something without fully reading or understanding it.

A little cost and inconvenience now, for maisie could be worthwhile for the long term.

If the Order is deemed unfair and voided, it needs to be re-agreed by both parties rather than simply amended, I think.

WR

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