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Consent Order Query

(5 Posts)
Sosohappy Sat 22-Mar-14 07:55:45

I'm almost at the end of my divorce, we have the Nisi and apparently he signed the paperwork to apply for the absolute the other day.

We've agreed the financial settlement, I signed the consent order and returned it to his solicitor, assuming he would sign that copy and it would be sent to the court. I've received a copy of the consent order back from the court which has been approved, but it only has my signature on it. His solicitor also sent me a copy with the paperwork to transfer the house to him, but again only my signature.

Can anyone tell me if this is right? I assumed it should be signed by both of us. I haven't seen a copy with his signature on it at all.

Beckamaw Sun 23-Mar-14 11:21:24

I have experience of this. My ex dicked around with the consent order, and I pushed through the absolute anyway. I filed for divorce, he filed the consent order.
Anyway - yes, you should see his figures and his signature. He should also see yours. You can't dispute or agree with something you haven't seen!
Who filed it? If it was you, then your numbers go in first. He is then able to see yours before completing his own.
If he filed, you should already have seen his figures before completing yours.
Mine wasn't completed until about 12 months after absolute. I think he thought it would hold everything up. I just ploughed on, regardless!

JaneinReading Sun 23-Mar-14 12:44:24

Does it have a court seal on it as ours does? I think that is all that matters - if the court has approved the terms - that makes it a court order whether one side signed it or not.

Sosohappy Sun 23-Mar-14 13:21:45

Hi, yes I saw his figures and he's seen mine. We agreed a settlement before the we filled in the information form, but when I saw his, I saw the house valuation had increased so we re-negotiated.

The consent order approved by the court does have the court seal on.

Thanks for the replies, I feel much better now.

JaneinReading Sun 23-Mar-14 16:08:31

I cannot remember if ours is signed or not. If it were the two law firms we used would have signed it, not us and I think it is given its legal effect by being sealed - an order of the court approving what both sides have agreed. I suppose if one side had lied on the form or one side pretended the other had consented to it when it had not there might be a problem.

On timing I think there are good legal reasons not to have decree absolute until the consent order is agreed.

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