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Consent order not signed before FDR

  • coasttocoast
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11 Oct 12 #360476 by coasttocoast
Topic started by coasttocoast
Hi can anyone offer an opinion on the following.
Stbx''s solicitor has finally compiled a Consent Order that we can both agree upon.
The problem that is facing me is that FDR is scheduled for next Tuesday.Ex''s solicitor wants the Consent order to be signed ASAP( to the point he expects me to come in tomorrow morning) i am not able to do this at such late notice and secondly i wish to have the consent order looked over by a solicitor for my own benefit. I did have a solicitor look over the draft copy but since then there has been several amendments.
My question is will the hearing on Tuesday go ahead as scheduled?
I am happy for the hearing to be cancelled however will the judge frown upon this if hearing does go ahead.The whole time i have been chasing STBX''s solicitor to get the paperwork sorted and he has just been very lax on the matter.
I do not want the judge to assume i am racking up more costs for the other side as this is not the case.
I am self repping

Thanks for your thoughts.

  • mbird
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11 Oct 12 #360509 by mbird
Reply from mbird
hmmm I think this is one for Dukey. I reckon you should attend and have it signed there and explain to the judge?

  • dukey
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  • Moderator
  • Moderator
12 Oct 12 #360562 by dukey
Reply from dukey
Not an easy one, given you act alone personally i don`t think i would cancel the hearing unless your sure you will be signing the order, what you could do is call the court explain whats going on and ask it be adjourned to give you time to have the order looked at by a solicitor.

  • .Charles
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12 Oct 12 #360569 by .Charles
Reply from .Charles
I would ask for an adjournment for a month to allow the parties to finalise the terms of a consent order. The court will then relist which will go ahead at a later date unless the parties file a consent application and request to vacate the FDR.

Don''t be pressured into the agreement - if you need legal advice you should be able to obtain this as your leisure.

Ask the other side to write to the court seeking an adjournment. You can write to the court in similar terms or co-sign their letter to the court.


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