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?

You ll need to attend court in person and just confirm to the judge you are happy to agree - unfortunately it means it will cost you money though as pretty sure you have to pay for solicitor and/or court costs

I kept 100% of my pension worth £100k to ex £10k but guess because we are late 30s/early 40s judge took view that ex had plenty of opportunity to accrue his own pension

I was told I had to go to court to make sure I understood what the financial settlement meant. I understood, I got the house. We had been separated for over 15 years, I'd paid the mortgage with no maintenance. I didn't want maintenance as we had no children together.

I phoned the number given and spoke to someone there and pointed out I lived over 300 miles away. As well as the cost of travelling, I'd have to pay for travel and an overnight stay.

I was then told that the judge was ok with that, and no need to attend court.

I didn't really care if he had become a millionaire since our separation - he hadn't, we both worked for the same employer, and I knew his salary was less than mine.

So I guess you could try that jointly?

This happened to two of my friends. Very similar to you, in both cases the judge was thinking the woman was disadvantaged.

One judge agreed once explained, other judge wanted different split of pensions and they had to go with it. Took bloody ages too.

Perhaps you can agree to 50:50 split of pensions when you realise them.

@Octavia64 that’s excellent news. The default assumption that men can dump
their kids on the nanny (state) and the mummy doesn’t do anyone a favour.

This maybe the issue
past behaviour counts for nothing. Even in cases of abuse. There has to be a legal “gasp” factor for it to be included (think attempted murder for financial benefit lesvingcspouse permanently disabled level of gasp)

it is based on “future needs” only . Using law of “fair settlement “ . Court looked at that. You don’t comply with law, on paper, so they reject . That’s the law, not a lot they can do about that

unless you can show your ex won’t be financially disadvantaged they can send you back to mediation table. Get new solicitors- they clearly failed to do a decent job in mediation or explaining why it is “fair” despite the discrepancy between you, in their submission on D81, consent order legal draft.

Few question and thoughts:

Are you no longer able to work full time in a similar-earning role as before, either due to your illness or due to a related career break? If that is the case and your earnings capability is now permanently lower - that might be relevant information for the judge to know!

You may well want to consult a solicitor for advice on how to optimise the chances that the judge will, after the hearing, accept that your agreed split is actually fair.