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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 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:
Thekormachameleon · 05/09/2023 21:42

SeulementUneFois · 05/09/2023 21:39

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

In what way does it not seem fair ?
I have limited earning capacity due to chronic health issues and my fiture/security is uncertain

He has no such problems and much higher earning power

OP posts:
PosterBoy · 05/09/2023 21:44

Did your solicitor think it was fair? Or just you?

User63847439572 · 05/09/2023 21:51

She hasn’t seen a solicitor

PinotPony · 05/09/2023 21:52

You shouldn't be relying on what his solicitor(s) say... you need your own independent legal advice. Call a few firms and see if you get the same answer.

lljkk · 06/09/2023 06:28

it only costs £53 to apply for the final order IIRC. You could try filing the paperwork with £53 charge yourselves. See if court rejects it.

Since you have £40k-50k to divide, £53 is affordable for you both. You have to make a statement about how you get £26k-£32k and he only gets £14k-£18k so you can subsidise your rent going forward and he knows you'll have zero claim on his future earning potential or pension or car or anything else (doesn't sound like he has these). Make the case that difference is only £12k to £14k, not enormous disparity in a divorce split.

vivainsomnia · 06/09/2023 13:49

Indeed, why are you not taking the after in your own hands?

onlylovecanhurtlikethis · 07/09/2023 16:42

A judge can refuse it/challenge it and have you go to court to both explain why you came to that agreement. Seems like he doesn't agree though? Otherwise he'd just assign it? My ex accepted 35% split - he is much lower earner leaving him in a bed sit/house share situation however he could maximise his earnings but he chose not to. I had my solicitor draft the consent order - ex husband signed it and it was approved no issues

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