Judge rejected financial order terms

[Chiomi]

Judge has rejected our financial order terms as he thinks pension unfair despite us both agreeing in mediation. Now he wants us to attend a hearing which we both don’t want as not changing our minds! Anyone ever gone through this?

Not related to pensions specifically but a judge ordered a hearing to review our consent order as on paper it looked disadvantageous to me. I explained the background and reasoning and she was then happy to approve it.

Unfair to my husband. My pension worth more than his but I am no longer in my job so will not be accruing more pension. He is getting higher salary and him pension continues to grow. Selling house and splitting equity 50:50 and both agreed for clean break and keep our pensions

What is the split and why aren’t you changing minds

and yes he can change it if he wants

Why aren't you working anymore?

I’ve no idea honestly but I would be surprised if you can say ‘he will earn more in future’ ? I would think they’d dismiss that and just look at the current situation. And maybe they don’t realise you’re not working etc? Could you provide evidence you’re not working and therefore your pension is static. I can see why they would say on paper it looks unfair because they will be drawing a line under the entire value of everything now as it is; not based on future choices people make once the marriage has ended.

Even after mediation the judge can make a change to it if they still feel it is unfair. There are 3 people in legal marriages really, you, your ex, and the judge/government.

We had an extremely unfair split of assets and the judge asked us to write a statement explaining how and why we arrived at it. That satisfied them and the financial order was granted.

Oh my days! We will just have to see what judge says in the hearing!! Honestly blows my mind after the mediation just assumed it would be rubber stamped. I guess at least hubbie hasn’t changed his mind about the terms

I have worked hard and sacrificed a lot during the marriage which is why he isn’t contesting

Why the hostility to the OP? Can’t we just reassure her that the Judge is just doing due diligence?

You'll both have to attend the hearing and just explain what you've said here.

The judge will either accept it or make his/her own decision on what the split should be. Then it's final.

Thank you for that. I guess judge cannot ‘force us’ as we are both in agreement.

The judge can force it, they can make the decision overriding both of you

Absolutely, the judge can make a different order to that agreed between the two of you

The judge can force it.

This is essentially to protect the interests of both parties and also the state.

It's quite common in abusive marriages for one side to bully the other into not sharing the assets fairly. That side (which is often the woman who then has to support the children) often has to claim state benefits to help support her and the children.

The state not unreasonably feels that both parents should be supporting children and an unfair split of assets often means the state has to pay out more.

If what you have agreed is thought sufficiently unfair the judge does not have to agree to it.

This has happened to 2 friends. One they went to see the judge and explained their reasoning and the judge agreed. The other they went and despite the woman having worked and paid for everything and the man saying he didn’t want a bigger share than the split they’d agreed at mediation the judge still awarded a bigger split and she had to pay it