Hello I hope somebody can help. My ex-wife and I have been attending mediation
sessions with a view to coming to a financial settlement. The Mediator had full access to our form E
After the last session we decided to use the proposals that the Mediator had sent us as a basis for a settlement. Following further personal negotiation outside of Mediation we came to an agreed settlement. My ex-wife asked her solicitor to draft a Consent Order
based on a written proposal that was agreed via her solicitor. I have not got a solicitor.
I agreed to pay 50% of her solicitor''s fees for drafting the order and 50% of the court fee.
My ex-wife''s solicitor sent me the consent order to sign and after she had signed, it was submitted to court.
I have now learnt from my ex-wife that the Judge has sent the order back to her solicitor querying the settlement. Upon contacting her solicitor, he would not tell me the contents of the letter and said that he would have to refer to his senior before meeting with my ex-wife.
I''m quite frustrated about all this because we have been through Mediation and have come to an amicable agreement. This was stated on the documents sent to court.
The settlement was as follows after a 7.5 year marriage:
A split of 60/40 of house equity in my favour - Ex-wife agreed to this because I had purchased house prior to marriage. Mortgage is in my sole name and I agreed to continue to make the payments.
25% of difference in pension during marriage to ex-wife as a lump sum - this was agreed by both of us as ex-wife is 14 years younger than me. We are both in the same pension scheme so CETV
values were calculated in the same way. We did not want a pension sharing
30% of my savings to ex-wife - we both agreed this as the savings were always in my sole name with no contribution from my ex-wife.
When we separated, my ex-wife co-habited immediately with a new partner and was working full-time. They subsequently had a child and she went part-time. During Mediation it was established that my monthly outgoings equal my monthly salary. Although my ex-wife is now part-time she has the benefit of a partner to share the household expenses with.
We agreed at Mediation that we would have no interest in each others current accounts (which were always in sole names) and be responsible for debt in our own names. There was no joint debt.
Where do I go from here? What''s the point in Mediation if Judges are going to query agreed settlements?