I have just had a letter from oh solicitor, where he says he will draw up a consent order for us both to sign and send to the courts. My question is, I know oh is expecting a large payout, from a compensation claim, if he omits this from his part of the form, can i demand his solicitor send it back to him?
The purpose of a consent order is to for the court to endorse you and your stbx's agreement. If you don't agree with it you don't sign it - it's a simple as that.
If you feel the consent order should include a share for you of your stbx's future compensation and what you receive doesn't reflect this, then you are perfectly entitled to propose your amendment to him or his solicitor.
As you say, a consent order is basically what the parties have agreed between them. Therefore it is up to them what they take into account and/or ignore and up to the court to decide whether it sees fit to endorse that agreement.
Form E ought to be updated to the financial situation as close as possible to the time of the financial split (ie without going into the last pound) and the form does ask for details of any assets likely to be received in the near future (part 2.14).
Not yet at Consent Order stage, just about to exchange Form Es.
My situation is sort of similar in that X2B is going to be getting an inheritance at some stage which should be at section 2.14 of his Form E, so similar to your Ex with his compensation claim.
My solicitor has advised that she will not allow me to sign or agree to any financial settlement until she knows what the sum of his inheritance is likely to be. She also mentioned (which I didnt really take on board) the fact that if I insisted on agreeing divorce settlement without knowledge of the inheritance then she would only advise signing a \"????? Order\" - so that it would allow me to make a future claim for the inheritance. Sorry to be vague about this, but as I dont want to ever have any contact again with my X2B I dismissed this ??? Order.
Has your Ex declared what he is likely to get on his Form E from the compensation claim for his injury. Remember his personal injury claim will also include \"specials\" which will take into account his lack of earnings due to his personal injury should he be so badly injured he is unlikley to return to either his job or be disadvantaged in the labour market. This will be from the date of the accident to retirement age, so if he is still relatively young could amount to more than the acutal compensation for the personal injury.
Take advice from your solicitor on this one, dont be too eager to sign anything unless you know you are going to financially secure. If the boot was on the other foot (as with my case) your Ex (and mine) would be out to get all they could.
Your solicitor is right in suggesting the need to have an understanding of the likely amount your ex may inherit. This could work in your favour; especially at the point of off-seeting Pensions / percentages of MH etc.
A judge could consider the age of his parents; with regard to his future needs. However, there is no gaurantee that he will come in to this; (parents sometimes re-marry; and new wife/husband would be next-of-kin. Parents sometimes sell up, cruise the world, or more expensively: sell to provide long-term Care home etc).
I'm not sure of the Order she suggests putting in place? But it would be to your advantage surely? You'd still be divorced; during marriage you'd have had an expectation to have shared in that 'windfall' and at the end of the day; it'd be a bit of paper stuck in a drawer someplace. It's not HIM - but it could seriously affect the rest-of-your-life!
Hi and thanks for the input. We have been separated 3yrs and need to finalise finances, we did not fill in forms E, we have just agreed to keep what we both have NOW. We did the financial split back then and just have to make it legal. But he will try to make himself sound poorer than he really is, so wouldnt put it past him to keep that part to himself, although he hasnt got the money yet, he is fighting for it and will get a lot, thats for sure. I dont want any, but just want it declared as it is pending. once again thanks.