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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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.


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.


adjourn a financial hearing twice???

  • twilight59
  • twilight59's Avatar Posted by
  • Premium Member
  • Premium Member
More
25 May 12 #333014 by twilight59
Topic started by twilight59
I am in a mess and don''t know what to do

Up until a few weeks ago I had a lawyer, but money has run out completely and I have £1000''s worth to pay in bills, so no way I can get any more legal advice.

To cut a long story short my lawyer applied for Ancillary Relief after my ex filed for divorce. I tried to come to an agreement with him, and we had a Consent Order drawn up which just had to be signed by me and sent to court. However, he then all of a sudden pulled out of the agreement, said it was all off (we spent 8 months negotiating this agreement) and he was also going to apply for residence of our daughter.

As an agreement was in sight, I had not filed a form E. The first hearing is on the 25th June (and has been adjourned once already as my ex asked this to give him time to finalise his proposal - which he subsequently withdrew after I agreed to it)

I now understand I have to file my form E 35 days before the hearing - I think I have now missed this deadline?

And I don''t know if I can adjourn again to get more time to do this form E and submit it - or even how I would adjourn if even possible

Can anyone help or point me in the right direction??

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
26 May 12 #333101 by dukey
Reply from dukey
Did you both agree the Consent Order and both sign it?, did he have a solicitor at the time?.

Your right form E should be exchanged 35 days before the first hearing, not to worry though it often is late and you thought an agreement was in place.

If you would like more time and therefore adjourn the first hearing call the court and explain what has happened, they will want it in writing but a call is the best way to start.

  • rugby333
  • rugby333's Avatar
  • Elite Member
  • Elite Member
More
26 May 12 #333112 by rugby333
Reply from rugby333
Along the same lines as Dukey: was his offer ''open'' or ''without prejudice''?

Also, just fill in your form E yourself and then tell the ex when you are ready to exchange it with him.

Plus, calm down - family courts really aren''t that scary and they are full of people who are bewildered and emotionally torn apart. So the judges give everyone some latitude!

Best you breathe deep, have a glass of wine now its lunchtime and enjoy the sun - you aren''t in trouble so don''t let him or anyone else tell you otherwise.

  • twilight59
  • twilight59's Avatar Posted by
  • Premium Member
  • Premium Member
More
26 May 12 #333137 by twilight59
Reply from twilight59
Thanks both, I was sorry worried, I thought I''d get into lots of trouble. I will call the court on monday and explain.

The offer was ''''without prejudice'' however, the correspondance from his lawyer where she sent over the Consent Order drawn up with his signature on it - does not mention ''''without prejudice'''' - my lawyer daid he could just withdraw it ....

The difficulty is is that our issues are not just financial. There is major conflict over our daughter and residence / contact. There was a police incident shortly before he withdrew the Consent Order and after this he reported me to social services, the police and decided he wanted our daughter to live with him and his new partner and her child.

Due to the issues, I was then in contact with a childrens panel lawyer who addressed the concerns over contact with Dad and put in place that he and I have absolutely no physical contact - so there can be no repeat of the past issues. Social services are also offering me support and women''s aid to deal with the ongoing issues. There is absolutely no question that residence would or could be changed from me to Dad. My lawyers view was that the court would have serious concerns about residence with Dad.

The difficulty I have now is that everything is linked. Our former home has everything I and my daughter own bar 5 suitcases (I cannot get in as he changed the locks)and I cannot afford to rent anywhere. Nor could I afford to furnish a house again. My ex is insisting I allow the house to be rented out,and dispose of our things in the house (large 3 bed semi - every stick of furniture bought by me...)

I suppose my panic is because he has done everything to make me out to be a monster by accusing me of all sorts of horrific things towards our child (all dismissed by the numerous authorities who has investigated me as a result of his reports...)

He has depleted me of everything I had saved, I have a huge legal bill, have pretty much had to kiss goodbye to everything in our home - I am just clinging onto not making matters worse by making the court mad because I am late with forms!!

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
26 May 12 #333140 by dukey
Reply from dukey
The contact issue is separate from the money side, so the co was agreed and signed, contact his solicitor and state unless the matter is progressed you will issue a notice to show cause why the order should not be sealed in the agreed terms, in other words you go to court explain what has happened and the judge may seal the order, it sounds as though he had pulled out more to upset you rather than any real concern regarding the content of the order.

  • twilight59
  • twilight59's Avatar Posted by
  • Premium Member
  • Premium Member
More
26 May 12 #333143 by twilight59
Reply from twilight59
thanks Dukey - he pulled out claiming the order was unreasonable and too much, and furthermore as our daughter will live with him I don''t need any support. The reason his lawyer gave that the order was pulled was based on contact / residence alone.

I earn less than half what he does, and on my income alone I simply cannot afford to pay all my costs - which was the whole purpose of the SM. His view now is that if I cannot afford to rent on my salary, I should live with my parents. He was the one who suggested the terms of the order, but now claims it was under duress. he also says he needs more momey now as he needs a bigger house for his girlfriend and her son..and had to buy a new car (jaguar...)


I never signed the order myself, as he withdrew it before I could (my lawyer was reviewing it) - does this make a difference...

he is self representing too now...so no lawyers..

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
26 May 12 #333145 by dukey
Reply from dukey
Sounds like a right mess, given you did not sign it and he claims duress its doubtful the judge can help seal the order as it stands, this is one that will probably end in court, he needs to thinking about his first family not the new one, the court certainly will be.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11