A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Likelyhood a judge will reject our consent order?

  • TBEK
  • TBEK's Avatar Posted by
  • Junior Member
  • Junior Member
More
13 May 12 #330323 by TBEK
Topic started by TBEK
Hello, As per my previous posts my Dad is divorcing my mum after learning of his terminal ilness(An estimated 2 year life expectancy). The only significant Marital asset is a house is in my mothers name and estimated at approx £165,000.00. They reached agreement on settlement and my Dad will accept a sum of £50,000.00 (Obtain via a mortgage from myself as my mother has a poor credit history and is not able to obtain a mortgage of her own) plus the van (appox £1800.00) and her share of his pension that he claimed via the terminal illness benefits of approx £5000.00. He has also left behind his share of credit card debt at approx £2100.00. This makes a full and final settlement of approx £59,900.00 or a 36% share of the matrimonial home.

The Consent Order has been signed by both parties and sent to the court with all the relevent forms. DOes anyone know what the likely hood is that the judge might disagree with this settlement?

  • xxBairdyxx
  • xxBairdyxx's Avatar
  • New Member
  • New Member
More
21 May 12 #331944 by xxBairdyxx
Reply from xxBairdyxx
If both parties have agreed and signed the Consent Order i find it unlikely that the Judge will reject it. :)

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
21 May 12 #331972 by hadenoughnow
Reply from hadenoughnow
TBEK

My worry here is what the pension is actually worth ... Is it a company pension? Was it a lump sum that he drew down? Is there a pension in payment (monthly sum) as well? Presumably if he died and they were married, she would get a widow''s pension?

It seems to me that this may be a case for the pension being signed over to her and for him to receive payments via her for as long as he survives. This would protect the investment. Or at the very least some sort of pension share ... because presumably the pension was built up during the marriage so it really is provision for retirement for both of them - although sadly he will not get to enjoy it.

Hadenoughnow

  • xxBairdyxx
  • xxBairdyxx's Avatar
  • New Member
  • New Member
More
21 May 12 #331986 by xxBairdyxx
Reply from xxBairdyxx
If he has been diagnosed with a terminal illness he should be able to cash out the pension policy and divide it with your Mother accordingly. Is there no way you can speak to your father about this and find out what kind of pension it is and what he is doing with it? Really this should of been looked into before both parties signing the consent form. If your Mother is getting legal help then i advise you to discuss this with them, if not then i would write a letter to the Judge stating that your Mother has signed the consent form without looking into this particular pension properly and ask that an Ancillary Relief Form is completed by both parties then the Judge will decide who gets what. I hope this helps.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
21 May 12 #332009 by hadenoughnow
Reply from hadenoughnow
Even if both parties have signed, the judge may reject the order if he/she thinks it is unfair. If one or neither party has had legal advice they may be called to court to confirm they understand the implications of what they have agreed.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11