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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.


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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

  • welshdana
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18 Aug 12 #350255 by welshdana
Topic started by welshdana
Hi,

Does anyone know of the proceedure to apply to set aside a Consent Order? What forms I need to fill in etc.

I feel I have the grounds but can not afford one more penny in legal rep and will have a go myself if only I knew where to begin.

Advice on forms/procedure so welcome.

D x

  • soulruler
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18 Aug 12 #350271 by soulruler
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I have heard it on here many times that when you get a Consent Order you cannot really appeal or have it set aside.

Were you legally represented when the Consent Order was obtained, did you go into court and get it explained to you by a judge and were you asked if you understood and when was the consent order made and what are you unhappy with?

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18 Aug 12 #350306 by welshdana
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I''m going to try and set it aside on the grounds of mistake. I agreed the order on a misleading valuation of property. I just have no idea how to start the process.

  • dukey
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18 Aug 12 #350307 by dukey
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If you need to do this yourself you`ll need to prepare an evidential file and make the first application with form D11, that starts it off.

Be warned though if you fail you could face costs, so make dam sure the reason you have is sufficient to cause doubt regarding the validity of the order, there will need to be proof the valuation was incorrect, not only that but that the difference between the valuation used and the true valuation is high enough to have meant you would not have agreed in the first place, did you agree the order in court?.

  • Fiona
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18 Aug 12 #350309 by Fiona
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It''s difficult to successfully apply to appeal or have a Consent Order set aside because the settlement was agreed and there are no decided merits of law, but it isn''t impossible. The grounds to apply would be;
    evidence of non-disclosure at the time the order was made coming to light afterwards that would have made a substantial difference

    misrepresentation or fraud

    a supervening event such as a death happening shortly after the order was made that changes the basis upon which the order was made

    or undue influence

If you think you have grounds to set aside a Consent Order I would recommend seeking a legal opinion because these cases are costs sensitive and it can be a false economy not to consult a solicitor if you end up paying the other sides costs.

Generally for events arising at or before the order was made you apply to set aside. For events arising after the order was made, you will need to apply for the court’s permission to appeal after the time limit to appeal has expired. This is called “applying for leave to appeal out of time."

You make an appeal using Form N164 Appellant''s Notice. There are notes that go with N161 (N161A) and the Practice Directions 30A tell you what you need to attach to the appeal notice. If you are applying to set aside you should probably use the procedure in Part 19 Family Proceeding Rules 2010.

Hope that helps. :)

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18 Aug 12 #350310 by welshdana
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Hi Dukey, Thanks so much for your help. My house was valued at 695k by two estate agents, on this basis in court I agreed that my ex would get a fixed sum and I would retain the equity. Over the last two years I have on the estate agents advice reduced the price by 120k without sale and now the estate agent recommends a further 75k. I know the market has decreased in the previous 2 years, by 2% in my area. But my house seems to be in a reduction bubble of over 25% I have a four year old and would be left with £50k to rehouse us both when I believed we would have around 200-230k whereas my ex will have £155k. The only hope I have is trying to break the order on the grounds of mistake. I know its risky but I will do anything to make sure my son is rehoused and would be happy with a mesher order if it sees my son in a stable home in a good school catchment.

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18 Aug 12 #350312 by welshdana
Reply from welshdana
Thanks so much Fiona, I cant afford legal rep, in fact my solicitor is taking me to court to force the sale of the house so she gets paid.

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