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Financial Consent Order Question

(10 Posts)
beka88 Thu 14-Jan-21 20:35:49

Hope someone might be able to help me with my Financial Consent Order question.
I got divorced last year, got financial order drafted by a solicitor and my ex husband has signed the financial order and page 6 on D81 form but not page 5 as he wants to manipulate me bit more and make me more frustrated.

So my question is can this order proceed without his signature on the page 5 or not?
If it does not what is the best way to deal with it.
Has anyone had similar experience and how did you sort it out?
Thank you in advance.

OP’s posts: |
HecatesCats Thu 14-Jan-21 20:48:56

Hi OP, I'm sure there are women on FWR who are knowledgeable about this, but have you considered posting in Legal Matters? It's in Other Stuff in the drop down menu. Wishing you the best of luck with everything.

sawdustformypony Fri 15-Jan-21 09:59:33

Hello Beka88

Obviously the Court will want to know that both parties have had sight of each other's assets and liabilities etc ahead of approving a consent order. Presumably you (or your solicitor) will have supplied his solicitor with your form. Has his solicitor given an explanation for H not signing page 5. If you don't have a solicitor, maybe you could instruct a solicitor to deal with that one narrow issue - to get to the bottom of it.

Ultimately, a Court will find it odd that if there is genuine desire to settle the matter by consent, why then is one party is failing to engage. If H continues to frustrate the possibility of a consent order, unfortunately, it might come to you needing to file a form A.

beka88 Fri 15-Jan-21 11:04:03

Thank you for your reply sawdustformpony.

I have solicitor but he does not. I have contacted my solicitor now and awaiting for reply from them.
My ex is a difficult man to deal with.
How does the process work when filing a form A, is it a Financial Remedy?
Thank you in advance

OP’s posts: |
sawdustformypony Fri 15-Jan-21 12:09:23

Happy to help.

Yes, the Form A is the application for a financial remedy - so if no settlement can be reached between you that leads to a consent order, the court imposed process trundles along and ends up (after months of sorting out the evidence and a couple of interim court hearings to help the Court understand the issues ) for a final hearing before a judge to hear the case and then they will order their own settlement.

Hope that helps a little.

beka88 Fri 15-Jan-21 13:05:18

Thank you once again for taking time to reply.
Really appreciate it.
Had a reply from solicitor and and they said that we cant proceed without his signature on the page 5 of d81 form.
Would mediation be needed before applying for financial remedy?
I have property in my own name which was our marital home, he has moved out and has his own place.
If he changes his mind about claiming from my flat do you think that would be the case? My son and myslef live in the flat.

OP’s posts: |
sawdustformypony Fri 15-Jan-21 17:16:40

Would mediation be needed before applying for financial remedy?

Mediation ought to be tried, in my opinion, unless there is good reason why not. I've had a couple of cases recently, where the o/s solicitor has filed form A accompanied with the filmiest reason on the mediation form as to why mediation couldn't go ahead.

As a general principles, Court don't like ordering people to sell their homes especially where there is a child involved. People need a place to live in. If H owns his own place, that's even more reason to doubt a sale being ordered. It's difficult to give a proper predication without knowing the facts - you need to rely on your own solicitor (if not happy with them - change to someone else)

beka88 Sun 24-Jan-21 19:41:17

Thank you once again for your help and prompt reply.

Would Financial Remedy Order still be approved if my ex H does not correspond at all on court letters etc?
Would it help that he has signed Financial Order draft that solicitor set up for us?
He is making this issue because of our Child as he thinks I will sell the property and move away.
What is the fee for the FRO?

OP’s posts: |
sawdustformypony Sun 24-Jan-21 22:49:17

Sorry only just seen your message - I’ll answer it tomorrow

sawdustformypony Mon 25-Jan-21 10:25:10

Would Financial Remedy Order still be approved if my ex H does not correspond at all on court letters etc?

Once you have filed the form A for a financial remedy order, the Court takes over the management of the case. It doesn't approve the order, it makes the order. If the respondent doesn't engage, the process will move on regardless - it may give extensions of time, but ultimately it will reach the final hearing.

Would it help that he has signed Financial Order draft that solicitor set up for us? Might do, the Judge might accept it as part of the evidence to be considered

He is making this issue because of our Child as he thinks I will sell the property and move away. Not sure what you mean be that. Generally moving a child from where s/he is settled is considered undesirable.

Cost ? the fee to file is £255. But the cost of taking it to a final hearing will cost thousands in solicitors and barristers cost - then maybe costs for actuary's report on pension, etc. - all quite expensive anyway.

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