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

01202 805020

Lines open: Monday to Friday 9am-5pm
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.


Can a judge reject consent order?

  • Clockit
  • Clockit's Avatar Posted by
  • Senior Member
  • Senior Member
More
30 Oct 17 #497268 by Clockit
Topic started by Clockit
Good afternoon,

I would like your opinion on whether think our Consent Order will be successful with the judge or not? I want to avoid delays where possible.

  • Clawed
  • Clawed's Avatar
  • Platinum Member
  • Platinum Member
More
31 Oct 17 #497285 by Clawed
Reply from Clawed
The judge can always reject a Consent Order, I was advised that this was less likely if we could both sign to say we had taken legal advice (we hadn't so couldn't) ours was rejected twice but easily sorted with a short appearance before a judge to assure him we knew what we were signing and considered it fair but that did of course entail delays.

  • Clockit
  • Clockit's Avatar Posted by
  • Senior Member
  • Senior Member
More
31 Oct 17 #497287 by Clockit
Reply from Clockit
Thank you for your reply clawed.

What happens at the hearing? Can either party renegotiate?

How long was your Consent Order delayed for?

I'm glad you got it sorted in the end.

  • Clawed
  • Clawed's Avatar
  • Platinum Member
  • Platinum Member
More
31 Oct 17 #497294 by Clawed
Reply from Clawed
We resubmitted the Consent Order as it stood each time it was rejected with a letter stating why we thought it was fair (it was rejected as the judge considered it unfair to me) we had no intention of renegotiating, we knew what we wanted. The second time we resubmitted it we received a court date where we were both asked if we understood that we should take legal advice - we said we understood but chose not to, I was asked why I considered the agreement fair (probably to make sure I knew what I had agreed to and wasn't being coerced) I explained my point of view and we were both then asked if we understood that the agreement was binding and that no appeal to change it would be possible once it was signed by the judge, we said we understood that and the judge said he would sign it, we received the sealed order a few days later.
First submission was 22/05/15 and it was sealed on 10/02/16 so about 9 months but it only cost us to have the original drafted there was no charge to resubmit or for the court appearance.
As I said we didn't want to renegotiate or make any changes, I didn't get the impression that the judge would have any interest in that he just wanted to know that we knew what we were doing, it took about 5 minutes.

  • Annie2326
  • Annie2326's Avatar
  • Premium Member
  • Premium Member
More
01 Nov 17 #497328 by Annie2326
Reply from Annie2326
I had an email from solicitor today to say that the judge has considered the Consent Order and a letter is being sent out with questions about the documentation.

On my solicitors direct advise I put the FMH on the market, it sold staight away, so I then had to find a place for myself, which I have.

Now do t know what’s going on.

I have incurred major costs now and I’m very anxious.

I just hope it’s not going to take 9 months, my buyer is waiting to move in
On 1st December,they are living with relatives .

  • Clawed
  • Clawed's Avatar
  • Platinum Member
  • Platinum Member
More
02 Nov 17 #497330 by Clawed
Reply from Clawed
Hopefully Annie2326 the questions will be easily answered and there will be little delay, I remember the feeling of stress at the time try not to worry it will all get sorted, at least you are being kept informed.

  • Annie2326
  • Annie2326's Avatar
  • Premium Member
  • Premium Member
More
03 Nov 17 #497348 by Annie2326
Reply from Annie2326
Thank you clawed, I’m still waiting to hear.

I visited my bungalow I hope fully will be moving into, to cheer me up.

I sat outside thinking , that’s mine!

(I hope lol )

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11