Financial consent order not approved - so stressed

[HazelWicker]

Been told today that the court wouldn't approve it but have not yet told us why?!

Ex refused legal advice despite me and my solicitor saying he should get it. He and I agreed a split (in my favour) and am now having kittens about it not having been approved.

My mortgage application was approved two months ago so I only have four months left before it expires. I'm SO stressed.

Anyone in a similar boat? Got any words of reassurance?

My question would be, what’s missing from the bundle? Has disclosure on his side been full disclosure?
My guess is the court need more information.

court needs, with an S.

@Appleofmyeye2023

On the contrary mine was approved and sealed with zero issues - submitted and sealed less than 4 weeks later - this was only 6 months ago too so very recent

He agreed to take not a penny of my pension (worth £100k to his £10k) and the equity in the house was agreed at circa £50k to him and £130k to me

So I guess you could say on the face of it including pensions and equity I walked away with £230k and him £60k

He has to pay child maintenance out of his salary too - he is left with £1100 to live off to pay rent and whatever else he needs. If he has to stay living in shared accommodation forever it won't keep me up at night. He had his chance at a bloody good life being married to me and he blew it

If he wants more money then he'll just have to go out and earn it

Did you read my earlier email 🙄
the court wants to seal ALL consent orders, without rejection. it is not a court whimsical decision to reject. It is based on law. “Fair settlement”.
mine was not rejected, even though also uneven and we kept our own pensions, etc etc.

but there are cases a plenty (including ones that pop up on this board around every 4 months), where couple either get further questions for, court asked before sealing or rejected outright. I don’t get why people are surprised at this. Look at history of this board.
i gave 2 reasons why this rejection will happen . In my case it as uneven but we both showed we’d sought legal advice, and neither of us were going to risk ending up on some form of state support other than our state pensions, as a results.

Ex refused legal advice despite me and my solicitor saying he should get it.

That’ll be the issue.

If he doesn’t get legal advice they won’t rubber stamp an agreement that he takes less from.

Financial settlements are NEVER based on past behaviour ONLY on future needs.
This has been law for many many decades.
You might think that’s not fair, but it’s how it works. You cannot “punish “ your ex for his affairs financially in the future. The court will only take past behaviour into account in extreme circumstances described in law as “gross and obvious” (miller vs McFarland 2006) , this normally involves a crime being committed on one of the divorcing couples by the other such as a knife attack, attempted murder for insurance etc etc. very rare I’m sure you’ll agree.

The court has rejected because the settlement is not fare on your ex. You might think it’s all he deserves. The court, legally, disagrees.

This may give you some clearer idea of how court makes its decisions in extreme cases
https://www.bennettgriffin.co.uk/can-bad-behaviour-impact-divorce-settlements/#:~:text=The%20case%20of%20Miller%20%2Dv,is%20%27gross%20and%20obvious%27.

I am so stressed. I have had the most awful time going through a divorce from a narcissistic alcoholic. The financial
consent order has not been approved because the judge needs more information. The only assets are pensions and my savings account. I have had a pension for over 20 years and he has very small pension. We were only married for 5 years and I’m so worried. My solicitor says if my ex didn’t agree to provide the extra information and it goes to court it might cost me between 30 and 40k which I couldn’t believe. I am so upset because I had to put up with emotional abuse and his alcoholism for years and he his behaviour during the divorce has been utterly appalling. I have paid for everything in this divorce and he has not paid a penny or got legal advice. It is so unjust. It took him 6 months to fill out a form so I can’t imagine he will agree to give more information. I’m worried I haven’t got a good solicitor and I don’t know if this is normal that they don’t approve the financial order ? I can’t understand why the law doesn’t take into account domestic abuse in divorce ?

When I got divorced the financial split was totally in my favour and was not approved. We were called to a a meeting with a judge where we explained why we had agreed to the split. The judge made sure he hadn’t been coerced and then signed it.

Hope it all works out for you.

Thank you , really appreciate your message and sharing your experience.