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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

Solicitor won’t agree

31 replies

Runningoutoftime99 · 09/05/2024 17:54

In brief I have agreed a financial settlement with DH as the solicitors were dragging their feet but charging for every little thing . I know what he earns and what his pension is I know that the split is about 60/40 in his favour . I’m happy with this as I want out quickly . Solicitor won’t agree it and wants to do form E and go to court !!! How can we just bring it to an end on our terms . DH is already transferring the monies across as solicitors are taking forever . What can we do ?

OP posts:
millymollymoomoo · 11/05/2024 14:29

Just tell your solicitor to draft the consent order as you have requested and submit it!

you’re very likely get it agreed it signed off !

or draft it yourselves and submit it

spanieleyes · 11/05/2024 14:34

I retracted because it went back to the same judge two or three times and he still wouldn't agree it, different issues every time! Thankfully I moved to the other side of the country to a different court and just went for a straightforward divorce with no financial order. Luckily my ex was trustworthy ( in this respect if nothing else!) so I didn't have any issues going forward.
The solicitor might be able to draw up a private pension agreement between you both without a legal financial order, I wouldn't like to comment on that but it might be worth asking!

vivainsomnia · 11/05/2024 19:29

The judge will need to be sure that the order is reasonable. How can they make this assessment if you are not sharing your financial circumstances?

Why is filling out Form E such an issue for you?

Fourmagpies · 11/05/2024 22:44

Get your solicitor to draw up the consent order based on what you have agreed. Submit it to the court with the D81 and make sure it's clear on the D81 why you have agreed the split and it does not leave either of you destitute and that you have both had legal advice. Then it will be put before a judge (you don't attend) who will sign it if they agree or ask questions. Your solicitor doesn't need to agree with your choices. The solicitor might want you to fill out form E so they have all the information to add to the D81 form.

RMNofTikTok · 12/05/2024 16:18

Runningoutoftime99 · 09/05/2024 18:59

@JohnofWessex i have already advised this is what we are doing but they have just come back today and said “as you know I don’t agree - I think the judge won’t be happy either we now have all the forms to send it all to court “ (not form E) she is referring to pension split info etc . She says this is a required part of the divorce and even if we agree the judge has the final say . Is this true ? If not what legal term/ words can we use to just say advise when divorce is completed but pls send final invoice (btw ive said these words )

Yes this is true. A judge will not sign off a consent order if it's unfair.

Elfer13 · 13/05/2024 01:06

I can only offer my experience and advice from what I went through. Both mine and my ex's solicitors happily charged us both thousands to unnecessarily extend the proceedings.
We went through three family court hearings until at the final one the judge told both barristers, which we had both stupidly employed at this time, to stop "milking the cow" his exact words.
Ten minutes later we were back before the judge and it was all sorted, pretty much what we both wanted and deserved but with each legal firm about 30 K better off.
Good luck and both try to be sensible rather than bitter.

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