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What are we each entitled to in our divorce settlement?

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Consent Order refused by Judge - advice please?

  • RedPoppies
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25 Jan 18 #499038 by RedPoppies
Topic started by RedPoppies
Thanks for reading - the Consent Order submitted has been refused saying there is a lack of information about housing needs, pensions, capital assets etc and asking for justification of the departure from equality of capital - ie it is heavily weighted in HIS favour.

I do not want to justify the departure from equality as basically I have been bullied into it and signed it just to get it over with - I have suffered significant mental health problems as a result of 12 months psychological abuse from him and am on meds and under care of mental health at local hospital.

I CANNOT possibly face this man in Court - I would have a serious breakdown but I do want the Order to be changed and I do want to try and get my entitlement and not be bullied any more.

Can I do anything at this point? Who should I get advice from? Solicitor? Barrister? Grateful for advice

Thanks

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26 Jan 18 #499039 by Mitchum
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Sorry you're going through this very stressful episode, but the judge is actually looking after your best interests. They will not just sign an order because the two of you have reached agreement. Any judge has to be convinced that the agreement is fair, and having looked at the circumstances he/she is clearly concerned that in your case it's not. You're ill and feel you can't take more aggression, but assess carefully how you are going to manage financially into the future.

The first thing to do is not panic and read the judges comments.

It would then be useful to provide the judge with a clear picture as to why you have reached that conclusion. You can respond to the judge via letter detailing the rationale behind your agreement and the judge may, in light of the information you provide, agree to the order. It would be best to have the agreement drawn up by a lawyer.

If not, the judge may request that you both attend a hearing, so that he/she can hear for themselves that you have taken legal advice and that you understand and are happy with the deal.

From what you say you couldn't cope with that.

Don't panic. Although it is a court hearing, it is more of a fact finding meeting for the judge to go through the order to make sure you both understand what you are signing up to.

  • Clawed
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26 Jan 18 #499040 by Clawed
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Could you take legal advice or maybe use the helpline to come up with a revised proposal using the judge's comments as evidence and send that to your ex to see if he is willing to have a new more fair Consent Order drawn up.
My Consent Order was rejected and I was happy to go to court to say that I signed of my own volition and knew what I was agreeing to, it was very low key just ex and I in front of a judge who spoke directly to each of us, we didn't have to speak to each other, it wasn't a hearing as we had no intention of making any changes we just wanted the judge to sign it off which he did.

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