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consent order

  • pattyb
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29 Apr 12 #327203 by pattyb
Topic started by pattyb
Hi forum
Can anyone advise me
If a Consent Order has not been approved by me and "stamped" by a judge can I go back
to negociation as I have documentary proof that my STBEX has not disclosed his income
and property. The question is can I instruct
my solicitors to stop it before it goes any further and what are the cost implications
to me personally..I am legally aided.
thanks patty b

  • MrsMathsisfun
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29 Apr 12 #327210 by MrsMathsisfun
Reply from MrsMathsisfun
Was there a court hearing or was it done by via solicitor letters?

  • pattyb
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29 Apr 12 #327221 by pattyb
Reply from pattyb
No court hearing to date..it was done by
solicitors letters and I did not sign anything as I was told on the phone that
I had to do it as I would not get legal aid
for FH (which wasn''t true). I contacted
solicitors shortly afterwards to say I was
very unhappy with what had happened .
My solicitors have been awful and negligent throughout.
I would really like
to know if the consent order only becomes
legally binding when the judge has seen it and approved it..I don''t approve it and don''t
want it to go ahead ..I hope to renegociate
the terms of it ..it is a heads of agreement
but I know that the information STBEX gave was false as he had not done adequate
disclosure..(I now have documentary proof
of his business) Can I tell solicitors
that I don''t approve it ..doesn''t "consent"
mean that both parties are in agreement
after full and factual disclosure?
Thanks Patty

  • rubytuesday
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02 May 12 #327891 by rubytuesday
Reply from rubytuesday
Just bumping this post up so someone might be able to help Patty :)

  • Fiona
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02 May 12 #327905 by Fiona
Reply from Fiona
The court can turn an unsigned agreement into an order of the court and to prevent this you, or your solicitor on your behalf, would need to show good cause for the order not to be made eg disclosure wasn''t "full and frank" and/or the agreement isn''t fair ie doesn''t comply with the law.

  • pattyb
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02 May 12 #327922 by pattyb
Reply from pattyb
thank you for this reply

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