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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.

Original poster

Consent orders - refused ??

32 replies

Thekormachameleon · 05/09/2023 19:48

Ex DH is claiming 6 different solicitors have refused to produce a consent order as they deem the agreed aplit to be unfair to him and apparently no judge would sign off

How likely is this to be true ? Surely if neither party is contesting the agreed split of assets then surely its not for solicitors or judges to take issue with ?

OP posts:
Newbutoldfather · 05/09/2023 20:16

Solicitors can advise him, but I am sure that they would put it forward if he insisted.

Judges can and do question consent orders before agreeing them. They could refuse to agree it if they felt it was egregiously unfair, especially if they felt one party was pressured into it.

is it very unfair?

Original poster
Thekormachameleon · 05/09/2023 20:38

I dont think it's unfair and both of us agreed it

It's 65/35 to me based on the fact that it was a 20 year marriage, he was the main earner, I'm disabled and have limited earning capacity and need to rehouse myself adequately

OP posts:
MyHornCanPierceTheSky · 05/09/2023 20:40

The only thing I can think of is definition of 'house adequately'? What's your expectation?

Original poster
Thekormachameleon · 05/09/2023 20:42

I need my own house. Due to complex medical issues, a house share etc won't be suitable
He however is a single adult male with no such issues and could rent a room/bedsit

OP posts:
Original poster
Thekormachameleon · 05/09/2023 20:43

He's claiming to be low income but he sold his business for a token amount after the divorce and doesn't have a proper job. He doesn't have anything stopping him from working full time, just chooses not to

OP posts:
caerdydd12 · 05/09/2023 20:43

Thekormachameleon · 05/09/2023 20:42

I need my own house. Due to complex medical issues, a house share etc won't be suitable
He however is a single adult male with no such issues and could rent a room/bedsit

I would expect a judge to question the split if it leaves you enough to buy your own house but you're expecting him to rent a room/bedsit. How much is being split if 35% compared to your 65% would net him a bedsit?

Newbutoldfather · 05/09/2023 20:44

The devil will be in the detail.

Will he also be able to house himself adequately? What does your solicitor think?

MyHornCanPierceTheSky · 05/09/2023 20:44

That's completely unfair he gets a bedsit and you get a whole house?
Awaiting the knuckle rap but you work 30hrs a week earning 2k a month. Isn't that enough to be independent?

Original poster
Thekormachameleon · 05/09/2023 20:47

MyHornCanPierceTheSky · 05/09/2023 20:44

That's completely unfair he gets a bedsit and you get a whole house?
Awaiting the knuckle rap but you work 30hrs a week earning 2k a month. Isn't that enough to be independent?

I haven't said he can only have a bedsit. I gave that as an example because as a single man with no problems, a rented room/ house share would be adequate

I however, due to my health would not be able to live in similar. I'm not looking to buy a mansion, just some security as I don't have that given how precarious my health is

But nice advanced searching skills, gold star 🌟

OP posts:
Original poster
Thekormachameleon · 05/09/2023 20:49

caerdydd12 · 05/09/2023 20:43

I would expect a judge to question the split if it leaves you enough to buy your own house but you're expecting him to rent a room/bedsit. How much is being split if 35% compared to your 65% would net him a bedsit?

Show quote history

There isn't enough for either of us to buy another property. We are literally talking about deciding 40/50k at best

OP posts:
MichelleScarn · 05/09/2023 20:51

40/50k each? Will that not be a good deposit? Or are you in a really expensive area?

Original poster
Thekormachameleon · 05/09/2023 20:52

MichelleScarn · 05/09/2023 20:51

40/50k each? Will that not be a good deposit? Or are you in a really expensive area?

No, 40/50k total

OP posts:
lljkk · 05/09/2023 21:10

What does house yourself mean? Will you be renting or buying? Or staying in FMH that you will own solo ?

Original poster
Thekormachameleon · 05/09/2023 21:13

lljkk · 05/09/2023 21:10

What does house yourself mean? Will you be renting or buying? Or staying in FMH that you will own solo ?

Renting
Neither of us is in a position to buy the other out of FMH nor in a position to get a mortgage on another property

OP posts:
AnneLovesGilbert · 05/09/2023 21:14

Have you seen your own lawyer?

PosterBoy · 05/09/2023 21:17

Judges can definitely refuse to sign off, even if solicitors and both parties have drawn up and signed the agreement. I don't know if solicitors would refuse to produce the document though. It sounds unfair on the face of it

Why not approach your own solicitor to draw it up? Or someone acting for you both?

Pixiedust1234 · 05/09/2023 21:18

Speak to your own solicitor. You should never rely on legal advice that's designed for another person, ie you ex in this case.

Worst scenario, get it drawn up and placed before a judge. S/he'll will either stamp it or reject it with comments.

Original poster
Thekormachameleon · 05/09/2023 21:21

We don't have solicitors
So far we've just done the divorce online, agreed the split between us abs thought we could just get it drawn up by solicitor, but the ex is claiming all 6 solicitors have refused to draw it up with those terms

OP posts:
MichelleScarn · 05/09/2023 21:23

Is he maybe not in as much agreement as you think re fairness of split and trying to blame others
?

Crumbcatcher · 05/09/2023 21:25

He's had 6 different solicitors look at it, at £300 an hour or whatever, each time?

User63847439572 · 05/09/2023 21:26

I’m no expert but I think it’s much more likely to get rejected/questioned by a judge if both parties have not taken independent legal advice

Original poster
Thekormachameleon · 05/09/2023 21:29

Crumbcatcher · 05/09/2023 21:25

He's had 6 different solicitors look at it, at £300 an hour or whatever, each time?

No apparently they all refused to do it over the ohone when he enquired 🤔🤔

OP posts:
Doggymummar · 05/09/2023 21:33

So you get it drawn up then?

SeulementUneFois · 05/09/2023 21:39

It doesn't seem fair on the face of it, so a judge may reject it.

PosterBoy · 05/09/2023 21:42

It seems a bit tough on him to push for that kind of split and expect him to get the order drawn up!

Can't you get someone to do it instead?