Talk

Flip

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce/separation

Consent order refused

5 replies

namechangedforthisoneonly · 16/08/2018 11:29

Judge has refused to approve consent order and listed for a hearing as it’s not clear I’ve taken legal advice and the settlement though proposed by me is unfavourable to me. I’m fully aware it’s unfavourable (I did take initial advice 6 years ago on separation) and what I could have potentially been entitled to but I have good reasons for the choice I made. Will this be sufficient for a judge to approve? I do come across as having my head screwed on hopefully!

OP posts:

Report

parklives · 22/08/2018 10:14

What are the reasons you are wanting an unfair split?

Report

Notbeingrobbed · 23/08/2018 10:17

What business is it of the judge if you have agreed?

Report

parklives · 24/08/2018 22:33

I'm not qualified in the slightest, but am going through a divorce and looking at the financials.
As far as I know a judge signs off the financials and will only do so (in theory) if the judge thinks the arrangement is fair. I think judges prefer that both parties have had legal advice.
The reason I asked you why you wanted an unfair split previously (although I understand why you might not to go into details/specifics in an open forum) is because it's obviously been rejected, I assume judge reject unfair splits because it might be that you are being bullied, not understand the ramifications etc.
Maybe go and get legal advice again, an hour with a solicitor should cost less than £200 as the first half hour is generally free.

Report

lifebegins50 · 25/08/2018 08:09

Are the joint assets large?

A judge will list for a hearing to ensure you are happy and may have specific questions.
I.e if children how will they be looked after financially?

Report

namechangedforthisoneonly · 29/08/2018 13:35

Thanks all. The reasons are moral. If I was to seek more than I have my ex would have to sell the former marital home (that I left) and it was the house he owned with his first wife who died at 27. It was our joint house for 15 years and I was the higher wage earner, we re-mortgaged to extend etc. I know what my legal entitlement is but I didn't want to stay in the house nor make him leave. I made the offer so I anticipate I will just need to explain that to the judge so he's happy I'm being co-erced etc. Hearing is listed next week so fingers crossed this will soon be done and dusted. Cheers for the replies