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Judge declined agreed consent order and now advising

(2 Posts)
Erialcrobo101 Thu 17-Mar-16 18:19:34

My husband left my and had an affair within the first year of our marriage. Mostly through guilt, he has agree that I should keep the house (approx £24000 equity) as he's just had a baby ad bought a house with his new partner and is eager to get divorced and move on. We had an agreed consent order stating this but the judge questioned it. We both explained how we'd reached the agreement amicably (my husband did not wish to seek legal advice as he was happy for me to have the house) and my husband also wrote a letter stating he was aware of his rights but wanted the house to go to me.the judge has now written to my husband advising him to put a charge upon the house. My husband does not want to so this,can the judge enforce this? I just can't believe the judge would cause more pain and worry between two consenting adults who just want to get in with their lives!
It's causing me so much stress and worry
I'd be really greatful if anyone could advise me
Thanks
Claire

babybarrister Fri 18-Mar-16 15:15:13

Judges are not rubber stamps in relation to consent orders and if people are not represented then they have an additional duty to consider whether the agreement is fair. The simplest way through this is for your exH to take legal advice and get his lawyer to write again to the court.

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