Consent order questions(3 Posts)
My exh has instructed a solicitor to divorce me based on 2 years separation by consent and I’ve been asked to confirm that I am happy for divorce proceedings to commence on this basis.
The solicitor states they will draft the proceedings and lodge these with the Court and that they have advised my exh that in relation to financial matters they will prepare a Consent Order reflecting the agreements and understandings reached between us. They want me to confirm that I am happy for this to go ahead.
I’m a little unsure as to the order of things. Will they send me a draft of the Consent Order? Or will I be required to disclose my current financial position to draw up the Consent Order? Or do I have to get a solicitor to draw up a Consent Order for me?
My exh is an abusive arse and we have no contact with each other apart from text messages concerning his contact with our child whom he sees sporadically. He pays the minimum amount of maintenance. He’s also about to inherit a large sum of money, hence his desire for a divorce as I anticipate that he thinks I will make some claim on it. I couldn't care less about his familymoney for myself as I now have everything I need in our new happy life without him however he has used a large proportion of a trust fund to help him purchase a property that he lives in. The fund was left to our child by one of the ex's relatives and on the numerous occasions I have tried to seek reassurance that there is a plan to ensure that the trust will be available when our child reaches the age specified in the will plus that there is a return being made to the fund for the “investment” in the property that exh lives in, I have been told that it is nothing to do with me as the money did not originate from my side of the family. I believe that he lives mortgage free by virtue of the trust fund. My child's name is not included in the title deed to reflect his share in the property.
I’m currently trying to get a half hour free consultation so that I can get an idea of the order of divorce proceedings. I can’t afford to instruct a solicitor myself. However from what I understand so far a Consent Order would require full financial disclosure from us both and I am hoping that this may be a way of gaining more info on the trust and force his hand to disclose his actions with the trust funds.
Any advice will be gratefully received. Thank you.
My understanding is also that the fully disclosure is required, ivd also known people lie and hide assets.
Gather any proof you have about his situation and yours
You are being rushed into this. I would delay it as much as possible.
Also say you will not agree any consent order until the child's trust is sorted out. That is the child's money, not the father's and it would be very unusual if trustees felt not obtaining rent was in accordance with trust law. I suppose if it will house the child half the year that might be a reasonable investment but not otherwise.
You could do a Land Registry search to check in whose name the property is registered although under 18s cannot own it so it will be whoever is the trustee under the will. Wills are public so again you can get a copy.
Join the discussion
Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.Register now
Already registered with Mumsnet? Log in to leave your comment or alternatively, sign in with Facebook or Google.
Please login first.