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Consert order override by court?

  • garymorris
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6 months 3 weeks ago #510304 by garymorris
Consert order override by court? was created by garymorris
Hi,

Does anyone know if it is common for the court to reject or override consent order that has been reached by agreement between the spouses?

For the below scenario,would the court likely to accept or reject?

H - Income 80K, Savings 50K, Age 36
W - Income 35K, Savings 10K, Age 29

2.5 years marriage and No children.

Joint property and mortgage - 20% of deposit paid entirely by H. All the mortgage is also paid by H with W contributing 50% only for 6 months.

Consent order or clean break has that H pays no lump sum or any money to W and W transfers the property and mortgage to H.

W is no longer UK resident and is residing in a foreign country.

Would this agreement appear unfair to the judges?

Regards

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  • hadenoughnow
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6 months 3 weeks ago #510318 by hadenoughnow
Replied by hadenoughnow on topic Re:Consert order override by court?
It is not uncommon for the courts to ask for further information or to reject an order if they are not satisfied as to fairness. Was there any cohabitation prior to the marriage? Thus could make a difference.

If you are both happy with the agreement then you can write a joint position statement explaining how you reached the agreement and why you believe it is fair. This can be sent with the supporting statement of information (D81).

If you have had legal advice that will strengthen your position. You can get a fixed price legal financial consultation via this site. Have a look at the services tab or call the helpline for advice.

Hadenoughnow

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6 months 2 weeks ago #510327 by garymorris
Replied by garymorris on topic Re:Consert order override by court?
Thank You

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