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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


SETTING ASIDE A CONSENT ORDER

  • quoman
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14 Jul 12 #343145 by quoman
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I have just discovered that my now ex-wife bought a house for CASH for £450,000 a month BEFORE we went to court to seek Consent Orders - this wasn''t mentioned in the financial disclosure (we had full disclosure) and on the basis that I believed all she had was what we jointly owned, I agreed to the consent order as I didn''t want her and my child to be homeless and short of money - I have also been paying child maintenance/holiday money/ad hoc money etc. All I was left with was around 36% of assets. I know that her dad dies earlier in the year in question (2010), but she still bought the house for cash as the Land Registry title deed shows "Lender - NONE". As I only agreed to the consent order based upon what was disclosed, can I go back to court via the original solicitor and seek for it to be set aside/cancelled or whatever the legal term is and claim what is rightly mine?? Thank you for reading this!!

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16 Jul 12 #343608 by crocus
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It sounds as though your xtb received her inheritance after the both of you separated but before you had agreed the financial settlement. I suspect that she should have declared it and, although you would probably not have been entitled to claim half as it had never been part of the joint finances, it would probably have figured in establishing other elements of sharing, particularly the deviation from 50:50 that you mention where you got 36%.

In your shoes, I would ask a solicitor for advice as it does seem rather underhand for you xtb to get the lions share of the joint assets rather than 50:50 whilst having a large lump sum available.

  • .Charles
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17 Jul 12 #343682 by .Charles
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Lack of disclosure undermines the terms of the agreement and potentially gives you reason to set it aside.

However, you should seek legal advice without delay in order to discuss your options.

Charles

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17 Jul 12 #343713 by quoman
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Thank you - I have got back tomy original solicitor who is getting the papers out of store. As we were separated but not divorced, I assumed that ALL assets/property owned by the couple were split. If my parents had left me that amount of money she would certainly have had a good go at claiming MOST of it. Realistically speaking, what are the chances of a) getting 1/2 of the WHOLE estate including her massive inheritance, or b) would the court ignore the inheritance and divide the assets 50/50? Thanks again.

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17 Jul 12 #343724 by crocus
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I think you need good advice on this. I can only give anecdotal experience - I received a large inheritance 10 years before we split. I invested the bulk of it in the family (paying off mortgage, taking out investments in both our names). When we negotiated the financial settlement, the small amount that remained solely in my name was excluded from the marital assets, but all else was included for 50:50 split.

As your spouse received her inheritance post-separation, I think her sol would probably argue strongly that it had never formed part of the family finances and should therefore be excluded from the marital assets to be split.

I suspect the amount of the inheritance would affect how the courts look at this, as well as the fact that she did not declare it prior to drawing up the consent order.

It all seems very dishonest - if she swore the form E without providing all the financial information and this has now been discovered, surely there is some sort of come back.

At the very least I would have thought she should have to bear the your costs as well as her own of this going back to court again.

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17 Jul 12 #343749 by quoman
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I will!!! I thought ALL assets should be declared, what if I had won the lottery during this period in question??? It is all biased towards the wife. I have just worked out the % split, and out of an estate of £533k, she walked away with 74.9% (plus the inheritance lurking in the background). Surely her solicitors should have brought this to the table - assuming they knew. What if they knew but didn''t declare? This is going to get messy Crocus!!

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17 Jul 12 #343782 by .Charles
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A solicitor cannot knowingly prepare a false document. If they prepared a statement of information to support the consent order, they must not have known of the property purchase.

Charles

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