Just wondering if anyone on the board had their Consent Order rejected - I know it is agreed by both parties, but also the judge needs to make sure it is fair. I wonder what level of ''unfairness'' is required for it to be questioned by the judge (especially where no children are involved, but there is a discrepancy in both parties earnings for example...).
Dukey''s right. It is easier to give advice if the question is a little more specifc. However, if you are looking to avoid having an order rejected then one thing to do is to make sure that in the ''other relevent information'' section on the Statement of Information you have given an explanation for the deal being unequal (e.g. if the unequal division has been agreed because one party put in a big capital sum, or bacuse a big chunk of liabilities were incurred by one person after the separation)
It has not actually hapenned. TBag, your answer has helped me a lot. I have all the equity, he has a loan balance and my sallary is double his salary. I have been paying through the years bills, mortgage, as he was often out of work (not due to incapacity and we dont have children). I have put the following details in relevant info:
-We reached the agreement, taking into account the contributions which each of the parties have made for the duration of the marriage.
- The respondent’s personal loan was taken out a month before the divorce petition was filed, after the marriage broke down, and was used entirely for his personal purposes. For this reason we have agreed that the respondent will be solely liable for the repayment of this loan.
- The respondent has not made any payments towards the mortgage or bills of the property since 1 June 2011. We have taken this into account to arrive at the agreed lump sum.
- The Petitioner will be borrowing the lump sum amount, a future liability not shown in the income and capital statement above.
I am actually using wikivorce Clean Break service but have not had much luck in being put through to the solicitor to ask for advice and I would want to make an informed choice on what to include... Doe the above look OK
Thank you. I understand the wikivorce service is very cheap and does not involve advice. Neither Ex, nor myself has taken legal advice, he says he doesn''t want to and just want it all over the quickest and easiest way. Thanks for all replies. You have been very helpful.