Clean break question

[Yellowmoggy]

Hi all. Ex and I have agreed a clean break settlement. He’s got a solicitor as he’s remortgaging to raise the capital for my share so his solicitor is drafting the consent order too. I’ve completed my side of form D8, not seem his side but already know that in terms of respective assets, the settlement is very unfavourable to me. I know this but am happy to settle at this amount (my offer) for a variety of reasons. My ex bit my hand off. He said his solicitor having seen both sides of the form suggests that I add a zero into my pension to even out the assets as otherwise a judge might not approve and it could get dragged out. Ignoring the fact I would never lie and then sign a statement of truth, is it possible a judge could do this? I don’t want it dragged out and I don’t want anymore than I’ve asked for. His solicitor has offered to chat it through with me (my ex always relied on me to understand official issues) and I will talk to him plus get my own advice if necessary but surely the judge won’t question the consent order? Can I file a supporting statement acknowledging the disparity but accepting it, for the comfort of the court?

Do not edit that form. I’d write to the Court.

I have known judges list a short hearing, just so they can get clarification in person that you aren’t being coerced and are fully aware of the implications.

Thanks Moose. Will not change form. Happy to appear at court to explain. Thanks again.

His solicitor, if this is true, is a dodgy dodgy scumbags who needs reporting to the SEA.

That is very serious misconduct. He is encouraging you to commit an offence by misleading the court. Which would render your consent order worthless.

www.sra.org.uk/consumers/problems/report-solicitor.page

Please, please, take your own advice. Please don't let this disgrace to the profession loose. If anything will fuck up your divorce, it's employing an ignoramus like this.

There are some utterly dangerous, useless lawyers out there who claim to know family law, I am currently picking up the pieces from several of them. Don't be a victim of another one.

Aargh, dodgy tablet! SRA not SEA!

My divorce I was represented by a solicitor and my ex didn’t have one. Because only one of us were represented we had to go before a judge to confirm that my ex knew what they were agreeing too.

The judge verbally agreed the consent order at the hearing and a few weeks later the signed of consent order arrived through the post.

Not sure if this happens in every case if one person isn’t represented, but my solicitor told me it’s often the case.

Thanks all. I’ve work in a law firm all my life so am going to be interested to see who this solicitor is when he contacts me and if he repeats his recommendation. I think I’d rather keep costs down and attend at court to confirm I’m happy with the order than get a solicitor myself. We are already divorced and no financial arrangements for son needed so it’s quite simple. Thanks again.

Please tell the judge about what this lawyer has suggested.

My financial order has just been denied because even though we gave got quite an even split and have had solicitors draw up the agreements.... the Judge still wants more information. So becareful OP

Hi, I just wanted to say that I've briefly read the above and don't know how to respond but just wanted to add my very recent experience of a clean break divorce. I had an abusive ex, I put in a supporting statement with my consent order.
The judge agreed without any further questions and I think my statement was considered carefully. My solicitor who was clocking up the pennies didn't advise me to do it, but instinct told me to and I'm so glad I did.
Good luck

Thanks trying and Stirling, very useful info x