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Divorce/separation

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

Consent order questions - can anyone advise?

13 replies

Secretsout · 31/07/2017 17:15

Hoping for some advice.....

Consent order will be sent to West Mids divorce unit this week (after 6 months of negotiations and £15k costs!). We've used solicitors. We are Obviously very keen for it to be approved.

My questions are:

1). If judge not happy with it do they simply reject or do they send it back with their recommendations?

2). What happens if sent back with recommendations? Are we expected to take them on board and change the order? Can we resubmit and say 'we've considered the recommendations but still want to go with our agreement'

3). Any current knowledge on how long West Mids DU are taking to approve consent orders?

TIA

OP posts:
babybarrister · 31/07/2017 21:09

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Secretsout · 31/07/2017 21:45

Thank you baby I'm dreading it. The last few months have been hell. Don't know what I'll do if it's rejected.

OP posts:
Familylawsolicitor · 31/07/2017 23:07

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Secretsout · 01/08/2017 08:08

Great, thanks you family We are not including pensions or his shares options but in lieu of me foregoing a claim on these I'm having all of the equity from the sale of the FMH. Also, the maintenance payments to me look high because EX has been advised by his solicitor to not declare his full income as it's partly commission based. So essentially the order looks pretty favourable to me when overall I'm getting less than 60%.

I hope it's not 8 weeks 😢

OP posts:
Minime85 · 01/08/2017 09:57

Exh and I did our own through on line. I kept family home and gave him a £5,000 pay out from it. We both kept our own pensions but his substantially more than more as I was part time. I got equity from house about £80k so evened things up. We did the £5k thing as solicitor I saw for a one off to get all advice said that would look better to judge that I wasn't taking it all and he was getting some immediate cash. Ours came back just because we hadn't put a date for him to get money by. Exh also put a letter in with ours to judge to say this was mutually agreed was in best interests of family etc and to hope he/she would accept it etc.

Familylawsolicitor · 01/08/2017 13:19

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Secretsout · 01/08/2017 13:51

I asked her to add a comment in Box 9 that said 'the respondents gross and net income last year was £x. Plus share options.

Hopefully judge can see why the split and maintenance payments are what they are.

OP posts:
24HourPartyPerson · 02/08/2017 15:20

Don't know about West Mids but South East (BuryStE divorce centre) is about 8 weeks for consent orders.

My consent order has just come through after 8 weeks at BSE.

My understanding is that if they have any queries they will write to both parties for clarification - to ensure no-one is being coersed into accepting less.

Minime85 · 02/08/2017 15:41

Whatever agreed re maintenance actually only valid for a year anyway.

Familylawsolicitor · 02/08/2017 15:43

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user1471530109 · 02/08/2017 15:49

OP, your consent order looks identical to mine and through same court.

Mine came back rejected first time. Judge said it looked unfairly in my favour.
My solicitor explained why and exH also wrote a letter saying he was happy with arrangement. Went through v quickly after that.

This all happened in March time I think. Good luck x

Secretsout · 02/08/2017 18:12

Oh thanks user how long was it before you got the queries back? And once you responded, how long for it to be 'rubber stamped'

OP posts:
user1471530109 · 02/08/2017 22:05

I can't honestly remember. I think I was told initially 6 weeks. It was sent back before that. Took another week to write letters etc then resubmit. Then it took just a couple of weeks I think.

Sorry to be vague. I've had a lot of stuff going on since then! Divorce wasn't enough stress so I decided to relocate Confused

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