Would the court rule against our wishes Financial Consent Order?

[JoanBa]

My husband has always been very careless with money, always in debt and he has just lost his flat that he bought over 30 years ago worth nearly 1 million pounds because he kept borrowing money against it unknowing to me. I sold my flat 20 years ago and used the money to by our family home, which we own jointly and my husband has been paying the interest only mortgage while he was letting his flat for 20 years. We have a 15year old child. The proceeds from his flat was supposed to pay off our mortgage and since the mortgage expires in a couple of months due to hubby's age, we have to sell the house and use the equity to buy a smaller place further away.

Because of my husband's irresponsibility with money having just lost his entire flat, we have both agreed that the next house is in my name and he has agreed for me to keep the house. To secure the house and avoid any of his future borrowings affect our family home, I have decided to apply to the court for a financial consent order but I understand this has to be done during a divorce. If that's the only way, then we have to get divorced in order to protect our home. Hubby is willing to let me have the house since it was the proceed from my flat that bought it.

My question is, would the court allow me to keep the house even though my husband agrees for me to have it. He has nothing and doesn't want to take the house away from me and our child. Or would the court rule against my husband's and my wishes?

In about 10 years or so, I am planning on putting the house in trust for our son.

Please advise. Many thanks in advance

Are you actually separating? If not this is fraud.
If you are, then what happens is that a judge will look at the financial consent order and D81 statement of information form, and if it seems unbalanced they will first raise questions in writing. If they are still not satisfied, they will set up a court hearing where they will want to hear from both of you as to how you have reached the financial consent order.

Your husband lied and deceived you about money. He presumably made all sorts of commitments and promises about the flat. He is doing it now about the family home.

Are you going to risk going through a divorce where he can be awarded half of everything. Do you trust him not to take the money and run. Because I guarantee you that a deceitful person won’t trust you to look after him when divorced. And that means he will turn on you before you can turn on him.