Consent order (financial settlement)

[hairylights]

can anyone tell me 1. Whether you have to have one or can you agree and sign something less formal? 2. if you do have one do you have to put your address on it?

[kblu]

ok i'm not a lawyer but I do work for one. You don't have to have one but it is always advised to, even if you have no finances to speak of. It just wraps things up formally. If say for instance you won the lottery and you hadn't entered into a consent order then your ex husband could make a claim against you for half (and vice versa) assuming that neither of you had remarried.
Whether there is anything else less formal i'm not sure of but I don't think so, other than a separation agreement.
You don't have to put your address on them.

[hairylights]

The one my solicitor has drafted has got a section asking where I intend to live and it has my address on and she's sent it to his solicitor. I have told her from the start I don't want him to know my address as he's threatened me before :(

[mumblechum1]

The bit about where you intend to live isn't on the consent order, but the statement of information.

Am a bit that your solicitor has, presumably inadvertently, let your address go to the other side. I guess all she can do is ask them as a courtesy to return it without copying in your husband.

I normally don't put the address in anyway, just say the Petitioner has secured rented accom. for herself and the children or whatever.

It's a good idea to have a consent order as kblu says just to tie up potential loose ends.

[kblu]

It's the statement of information attached to the consent order. I am sure your solicitor could have worded it in a way as to not reveal your address. You'll need to ask her to ring the solicitor to ask him to return it to so it can be re-drafted or alternatively for him to re-draft it leaving out your address.

[hairylights]

I am livid.

[kblu]

I would try not to worry hairylights, it's nothing that can't be sorted, you'll just need to ring her up tomorrow and make it clear you want it returning to be re-worded.

[hairylights]

He's not my husband. We were divorced in February and he has been dragging his feet.

[mumblechum1]

The difficulty is, though, that the other side may have already copied the husband in on the statement.

[kblu]

How long ago did she send it hairylights?

[hairylights]

Yes, unless it's already been forwarded to the other side :(

[hairylights]

It was sent on Friday.

[SparklePrincess]

In my experience legal people can always be relied upon to do the wrong thing & make things a million times worse. :(

[hairylights]

Phew. They hadn't sent the statement to the other side. I've had an apology that their letter made it sound lke they had. At one point the secretary said "oh the computer puts the address in automatically" (as if that was going to be a valid excuse!

[mumblechum1]

Thanks Sparkle Princess, I'm sure all the lawyers who give free advice and support on this board appreciate that.

[YesYes]

You're right sparkle princess us legal people are all crap

[SparklePrincess]

Sorry to offend. Just going on my own personal bad experiences.

[mumblechum1]

That's bollocks about the computer putting the address in automatically, by the way, the form has to be completed by the lawyer individually.

[YesYes]

Not necessarily mumblechum they could have a case management system that would insert the address automatically although this wouldn't take away the need for the form to be checked by a human!

Sorry you had a crap experience sparkle princess but not all lawyers are crap, it's a bit like saying all teachers are crap-they're not are they?

[SparklePrincess]

I have maybe been very unlucky YesYes.. My previous solicitor is still withholding almost 3k from the last house sale until ex h agrees its mine (which of course he wont do) despite the fact everyone knew ex h was holding the chain to ransom by refusing to sign contracts on the sale until I signed the very unclear & easily misunderstood agreement (hence the discrepancy) made at mediation. Our mediator was an ex high court judge who found it impossible to see the woman or child's point of view, & actually sided with ex h against me. :( I was so desperate to get out of that house where he was able to (with full blessing of the law) harass & abuse me as he saw fit, even infront of the children. I would of done anything to get out of that situation. I have written off the money because I cannot afford to pay anyone in the attempt to get it back, & the agreement is so unclear its not obvious what is intended by it. I planned on taking the kids to Disney with that money too as a bit of a treat after all the sh!t caused by their father! He knows this, but he doesn't care!

I am now in the much happier position of buying a property with my dp of 3 years. Our solicitor took over a month after sale agreed to even admit to having the "memorandum of sale" which was sent out several times.. Feel like im banging my head against a brick wall with this lot...

Perhaps I should of come on here for a recommendation beforehand...

[kblu]

Glad you got it sorted hairylights.  

[hairylights]

Yes, they'd actually put my address in the part for his address!

I've downloaded the form and filled it in myself now.

Shall I charge her her own going rate

[kblu]

Easily £150.00 per hour ;)