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Consent Order

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2 years 7 months ago #496598 by Bloggers
Consent Order was created by Bloggers
I attended my first hearing on Friday; I arrived on time, my ex was late and his Solicitor was 40 minutes late.

We started negotiations and were rushed by the court usher to make a decision. We came to an agreement.

I spoke to my Solicitor after the hearing and it seems that the agreement isn't what I agreed to on the day.

My question is this; where do I stand with the court now? I haven't signed any order or seen the draft from his Solicitor, I will not be signing it and wish to go back to court as it is simply unfair. I have residency of two children form the Marriage and will not be able to house myself with the agreement my Solicitor has said.

I have no idea what to do but would be very grateful to hear from anyone who has been through this themselves

Thanks

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  • Carlsberg71
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2 years 7 months ago #496603 by Carlsberg71
Replied by Carlsberg71 on topic Re:Consent Order
Hi, usually the first hearing is only a directions hearing. This outlines your respective finances, it gives you a chance to raise questions regarding his form E and him yours.
If you haven't signed anything at court, but more importantly the judge didn't sign anything either, then no consent order has taken place. Your solicitor should inform/confirm you of this.

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2 years 7 months ago #496612 by Bloggers
Replied by Bloggers on topic Re:Consent Order
Thank you Carlsberg 74; how do I get it back into court? My Solicitor is useless and I clearly cannot trust her. I wasn't expecting the negotiation either. His Solicitor said in court tgat we had agreed so I'm now scared that i can't go back?

Thanks

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  • Carlsberg71
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2 years 7 months ago #496619 by Carlsberg71
Replied by Carlsberg71 on topic Re:Consent Order
Hi Bloggers,

Did you fill out the form E?

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2 years 7 months ago #496620 by Bloggers
Replied by Bloggers on topic Re:Consent Order
Yes, it was supposed to be filed with the court and exchanged on the 25th August. Mine was filed on time, I didn't get a copy of his however until the 26th September. We were in Court on the 29th.

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2 years 7 months ago #496621 by Luna Shadow
Replied by Luna Shadow on topic Re:Consent Order
Was anything written down and given to you outside the courtroom?

I'd expect in this sort of scenario - verbal negotiation - that what had been agreed would have been given to you at the time, even in a handwritten note, so you could confirm that what is written is your understanding of the agreement.

Were you a litigant in person at the hearing or was your solicitor with you?

Did the judge adjourn (cancel) the hearing on the basis that he/she thought that an agreement had been reached?

You should communicate the fact to your solicitor that the settlement which had been communicated to them is not what you had agreed at court. You can give your solicitor the details of what you thought had been agreed and ask them to check with the other side.


Assuming that you can't reach a further agreement then your solicitor needs to write to the court to request that a new first appointment hearing be scheduled as an agreement does not in fact exist.

All you've lost is a little time as the hearing needs re-scheduling.

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2 years 7 months ago #496622 by Bloggers
Replied by Bloggers on topic Re:Consent Order
No, nothing was written down and the whole thing was very rushed as the Judge was waiting for us because his Solicitor was so late.

We were in the court room for 10 minutes max. His Solicitor said that she would draw up the agreement and send it to the Court for approval. As far as I know it has not been written up (we came out of court at 3.30pm on Friday) and I certainly haven't signed it.

I guess there is a grey area where it comes to weather or not the consent order is binding as I entered the court room and it was said in front of the judge that we had agreed. But our agreement had not been confirmed in writing.

I know that in order for a consent order to be approved which has been drafted out of court, both partied have to agree and sign, and it then has to be agreed by the court before it is binding. But I don't know if in my situation; this process is overwritten by the fact we entered the courtroom and it was said that we agreed.

I have basically come out with 39%, him 61%. I earn 10k a year, him 37k.

I have residency of the two children aged 2 and 4 and he currently lives with his parents.

I spent 3.5 years not working when my Daughter was born and have started working since [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url].

His mortgage potential is significantly higher than mine as I haven't been in my second job 6 months yet.

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