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Consent order - refused

  • el_johnstone
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04 Dec 2020 13:23 #514971 by el_johnstone
Topic posted by el_johnstone
Just heard back from the family court and the judge has refused the order because "Order refused on paper because it is unclear whether the Respondent has obtained independent legal advice"

I know my STBXW has obtained it as she told me she did. It was how we were able to work out the Consent Order between us. How can we show that she did receive advice? On Form A which I filled out, it has a box to show I've received advice, but the respondent doesn't actually fill out this form. So how would someone do it?

  • hadenoughnow
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05 Dec 2020 11:30 #514979 by hadenoughnow
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Hmm. Is this the only reason given? Is it possible the judge thinks the agreement is unfair to one of the parties based on the figures in the steof information? Refusal and what appears to be a suggestion that legal advice is sought would seem to indicate that this is a possibility.

Hadenoughnow

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05 Dec 2020 23:10 #515009 by el_johnstone
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Hi Hadenoughnow

You're right, it wasn't the only reason.

1. Order refused on paper because it is unclear whether the Respondent has obtained independent legal advice

2. The court cannot order payment of a lump sum to a third party as per paragraph 15

3. Transfer to the applicants / petitioners home court to consider listing and directions


I will be the first to say that the numbers on the D81 do look very one sided. Reason being is my ex didn't want any of the marital home valuation to be in her column as it was never in her name. On a previous version of the D81 I had it split in mine and hers columns but she didnt want to sign the form with those numbers in there, despite me saying that even though her name wasn't on the deeds or the mortgage, it was the marital home. Felt like the reverse of most issues to be encountered on here I'm sure.

The second item was in the lump sum amount (which is the amount she requested) she wanted it to be in the Consent Order that part of it was to be transferred to a third party.

The third item is self explanatory. We've had a chat over the phone about this and she thinks the court / judge wants to make sure she wasn't under any duress and essentially forced to sign. TBH it was her solicitor that made most of the changes to the Consent Order.

Anyway, I'm nervous enough about any potential court proceedings. As its been transferred to a more local court, I suspect that we'll both need to go. What normally happens at these things?

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