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Declined consent order

  • Needafairygodmother
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9 months 1 day ago #509218 by Needafairygodmother
Declined consent order was created by Needafairygodmother
My ex husband arranged for a solicitor to draft a consent order.

The basics of the consent order were as follows

60K equity be split 55/45 in my favour
I take responsibility for my own debt £6000 credit card.
He takes responsibility for his own debt £7000

His debt is for a deposit he borrowed from family for a house he purchased when we were separated by still married (I verbally agreed I wouldn’t come after any share in the property)

He earns more than me and has a graduate job.
I am the primary carer of two children.
He lives in his new house.
I live back with my parents.

Since waiting for the consent order to be approved, the decree [url=Glossary/General/Absolute.html ]absolute[/url] has been granted, after an awful break it, it couldn’t come soon enough for me, but now I have heard back from the courts in Newcastle and they are referring the case to our local court as it was refused on the basis of lack of information on the following points-

The parties capital positions if the order we are affected, the husband appears to own another property.

The children’s housing needs and whether they are met by the order, 50-50 split. The first consideration is the needs of the children

What does this mean? Am I likely to now get less or more? It has me worried.

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  • WYSPECIAL
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9 months 1 day ago #509223 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Declined consent order
They want to know where you and the children will be/are living to ensure the housing needs of the children are met.

Is living with your parents a long term arrangement? Did you make this clear to the court?

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9 months 18 hours ago #509224 by Needafairygodmother
Replied by Needafairygodmother on topic Re:Declined consent order
The consent order and statement of information was quite basic. It just asked us for our current addresses, at that point the matrimonial house was sold and equity held by solicitors, he had a new house so put that address down and stated “owner occupier”, I put my parents address down and I think selected the box as a tennant or something along those lines. It didn’t ask for our long term plans regards to living arrangements, we just had to sign to state we had no plans to cohabit with new partners.

I don’t think it even asked for information on who the children would be primarily living with. Maybe that’s what they mean.

I’m just worried now as my husband bills are obviously much more than mine at present (until I find a house to buy of my own when the consent for is sealed and the equity released) that they may feel its fair to give hi more equity and not take into account my needs for a house as I’m with family.

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9 months 15 hours ago #509225 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Declined consent order
It probably looks unfair as it sees one of you earning more and owning a home and the other renting.

They'll only have the information you have given so can't guess the detail. Sometimes they call you in to see you but clearly in this case they have rejected it outright.

The court won't do anything further.

As your ex paid a solicitor to draft it up he should go back to them as clearly he hasn't got what he paid for.

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  • loislane
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9 months 8 hours ago #509229 by loislane
Replied by loislane on topic Re:Declined consent order
Did you have a solicitor? The details are sketchy but why on earth would you allow a ‘family’ debt of £7000 that in all likelihood won’t be paid back. Do you get spousal and or child support? What about pensions?

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9 months 5 hours ago #509233 by Needafairygodmother
Replied by Needafairygodmother on topic Re:Declined consent order
Only child maintenance , no other support. Pensions we agreed to keep our own. Even though he earns more, I’ve been employed longer as he went to university, so my pension at the moment is better than his.

The debt is credit card debt, and although in my name, he had a card to spend on it also, when he separated he refused to pay towards repayments as legally it was only mine, to compensate for this he agreed to give me the slightly larger share of equity.

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8 months 4 weeks ago #509246 by loislane
Replied by loislane on topic Re:Declined consent order
Did you support him through university?
Did you get solicitor advice before agreeing to this? Why did you sell the house if you didn't have anywhere else to go? Did you both exchange financial information? It is best to run this through your own solicitor with all the pertinent information. I think a court would want to know that you had obtained independent advice on this consent order...otherwise it could be challenged and thrown out later.

If the spending on the credit card was for household items then it is marital debt.

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