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Consent order

  • C48
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19 Apr 23 - 19 Apr 23 #520934 by C48
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After some advice please.
I have refused to sign a Consent Order as Ex has shares which he says will be lost when his company merges soon. Shares have vesting dates over the next 3 years. Ex will not supply proof of shares being lost. Can he take me to court to enforce this. I am happy to sign it if I know more details about the shares but they will not supply the evidence.
Ex’s legal rep is a Mackenzie friend. His correspondence at times borders on bullying.
For example he quotes ‘you have been given a generous offer and coming back with a bowl for more’. ‘Your spitting feathers’. ‘My client has threatened to apply to court’. Etc
Is this acceptable
Thank you
Last edit: 19 Apr 23 by C48. Reason: Adding more info

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20 Apr 23 #520937 by .Charles
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Have you reached an agreement and then decided to back out or have you discussed an agreement in principle and the finer details have prevented you from settling?

Charles

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20 Apr 23 #520938 by C48
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We reached an agreement verbally however due to disclosures on the form E I was advised by solicitor not to sign consent order until further investigated

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20 Apr 23 #520939 by hadenoughnow
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Umm. Are the letters coming from the McKenzie friend or your ex? I am pretty sure they aren't allowed to write and sign letters.
It is wise to make sure you have full knowledge of the financial position before making an agreement.

Hadenoughnow

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20 Apr 23 #520940 by C48
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Thank you.
Yes there coming from McKenzie friend. I just think it’s very unprofessional his approach, it’s not needed. I won’t sign anything however not sure where it will go as his last letter to my solicitor he quoted ,We cannot continue to keep responding to points we have already cleared up, this matter has now turned into a paper exercise.
His last response was ‘ my client has threatened court proceedings previously which has fallen on deaf ears’.
Surely he cannot use the word ‘threatened,.

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20 Apr 23 #520941 by hadenoughnow
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Have a look at Practice Direction HC72 in relation to the scope of what a McKenzie friend can do.

Your solicitor cannot and will not advise you to sign anything without full financial disclosure. What do they say about it??

I imagine a lot will depend on the terms of any merger agreement which no doubt sets out how such shares will be treated. Is the apparent value of these shares sufficient to make a difference to any settlement??

Who has drawn up the consent order?? Was this done before or after exchange of Forms E??
If they are so sure of their position then surely they should provide evidence?

They could try a Notice to Show Cause but if you have a valid reason for refusing to sign that would likely not succeed. Or an application to court for financial remedy (by either of you) in which case they would need to provide full financial disclosure and answer questions about it. You can still settle at any time once that disclosure is in place.

Hadenoughnow

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20 Apr 23 #520943 by C48
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My solicitor is good and advised me not to sign consent order. The shares are £270000. Although I got a large amount of equity in family home, the shares and his pension equity to me getting around 30% of assets. There is also a huge disparity in income. Me £22000. Ex £176000
We have 3 children, only one under 18 though All I want is evidence the shares will be lost when company merge. The fact they won’t supply this makes me question the truth
Consent order was drawn by McKenzie friends solicitor after exchange of form E

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