I am at the stage of sorting out finance with my ex, i know i need a Consent Order,but whats the difference between Ancillary Relief and a consent order? and where do i start to put all these in place as i don''t have a solicitor,i am finding it all very confusing
Ancillary Relief is the Court process that can lead to a Consent Order.
The other (cheaper) ways are to discuss/negotiate between you or opt for mediation.
Once you are both in agreement of the financial split you can get a solicitor to write up the Consent Order. If you go to Court you still have the option at any point to make/accept offers, but if no agreement is made, a Consent Order can be ordered by the Judge - commonly this way neither party tends to be happy with the outcome and it can be fairly expensive if you are represented.
There is an option to represent yourself, however.
Thank you white rose, yes i have made offers dating back to last november,but my ex kept ignoring them. He has now just made me another offer, we have 2 properties he wants the one with less equity in it, thats fine with me BUT he is going bankrupt so i want my good name off the morgage,he cant do that. I want him to take his name off both property deeds so his bankruptcy isnt put on the properties and i will sign to say all profits go to our children,he having non of it. So will a Consent Order stop him comming for any thing elce?
I think you need legal advice quickly especially if bankruptcy is imminent. You need to agree a Consent Order so you cannot do this unilaterally. If a judge makes the final decision this is a court order not a consent order.
You need to ensure a Consent Order specifies everything including dismissing future claims and will require a solicitor to draw it up. This site offers this service.
Minxy, I do not normally like to put my big foot in when people have already had advice.
But what you say about bankruptcy sets alarm bells ringing merrily.
If your ex goes bankrupt, that will not affect your own assets. But what it can mean is that, if for example, the former marital home is in joint names, the house will be sold to realise your husband''s share for the benefit of his creditors. So that would rule out, for example, any possibility of a transfer of the home into your sole name. It''s the same with other assets. If the trustee takes them, they are not available to you.
Now the normal rule is this ; if a spouse goes bankrupt, any subsequent order of the Court for a property transfer will be void, ineffective, not worth the paper it''s written on.
But if there is a property transfer order already in place, and your husband then goes bankrupt afterwards, the trustee takes subject to the order ; in other words, you get the assets and the creditors do not.
So, where there even a hint that a spouse might go bankrupt, any solicitor will advise his client to get his skates on and move quickly. Tiiming is critical.
It is absolutely vital, in my view, that you get an order without delay, if you can. I do not know the first thing about your circumstances, so cannot give you advice, save only to say that you need legal advice and very quickly - and that advice needs to be from a family lawyer with some experience of bankruptcy and its possible effects. Though not by any means a specialist in this field, I know enough to be aware of the possible pitfalls, and it may be that a Consent Order now - even one which is less than satisfactory - may be better than waiting for your husband to go bankrupt.
Furthermore, bankruptcy, or the possibility of it, can have an effect on Ancillary Relief, for example, if you are awarded a Mesher order ( an order giving you the right to occupy the family home for a time ) a trustee may be able to over-ride the order.