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We are in agreement - Judge unlikely to think so.

  • zippyzippy
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14 Sep 12 #355787 by zippyzippy
Topic started by zippyzippy
Hello everyone.
Here''s my situation:
Married 5yrs lived together 10yrs.
My wife & I have separated (living in same house for last 2mths) and then intend to divorce.
We have reached an agreement on how to split £''s etc. and that we will share custardy of her biological child 14yrs, my step child(i have step-PR)3nights/4nights.
My wife is moving into a rented house, with a lump sum and mthly child maint that we have formally recorded (after both receiving indipendant legal advice)in a deed of separation.
We are both very happy with this arrangement, and have a friendly relationship.
The problem i see is that because she is a student and I have an above average wage, that the agreement/deed will appear unfair if it is given to the court re. applying for the consent/financial/Clean Break order.
In a nut shell - I will be keeping everything, but giving her 10% of all assets(her request)
How do we get the judge to agree to signing off our Consent Order.
Just to repeat, this isnt me trying to pull a fast one. My wife has taken advice and fully understands what she could gain. She is happy that she came into the relationship with nothing and never paid for anything during our time as husband/wife.
Any advice, previous experience would be most welcome.

  • dukey
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14 Sep 12 #355828 by dukey
Reply from dukey
With the detail you give no one can really answer the question, a judge is not there to stand in the way of agreements but they do have a duty to make sure they are fair and both understand what they are agreeing and finally that there is no pressure to agree the order.

If the judge is unhappy they tend to either write and ask for more detail or list a short hearing to have a quick chat.

What they cannot do is change the agreement, though sometimes they will suggest what would be needed so the order does fall within the required discretion of law.

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