Consent order refused?

[Beeloux]

Hi all,
Looking for some advice. In the process of submitting a financial consent order/clean break. I paid all of the fees and for the solicitor to draft it up which cost me just short of £1.5k. XH refused to contribute anything and kept making crude remarks how he would go after any future inheritances I may get, hence I have been adamant to get a clean break order.

We have no joint assets and he has always claimed how skint he is. He pays less CMS than he should, asked to borrow money and claimed to be maxing out credit cards.

We have just exchanged d81 forms and I am gobsmacked. He has over 25k in savings and a very large pension fund. Meanwhile I have 5k savings and no pension (worked abroad hence no pension and had ds in my early twenties, I’m currently on uc and looking for work). His salary is also much higher than I thought.

I don’t want any money off him, despite being pissed off he hasn’t contributed to any of the fees for the consent order. My worry is a judge won’t grant the order as there is such a difference in savings.

Has anyone been through this? Hopefully will hear from my solicitor by the end of the week. Any advice appreciated!

It’s not the savings that will be the issue. It’s the pemsion

that will need valuation and splitting if its sizeable and without this a judge may refuse.

However, depending on the value if you can both demonstrate you are happy with the order, have both had independent legal advice,have t been coerced, and the values are smallish it may ultimately get approved.

however, you should be seeking a share of these and make sure he pays at least cms value!

Thank you!
Im hoping it will be approved. XH is very vindictive especially when it comes to money so I know he would make my life a misery if I ever went after his pension. Likewise he would most definitely come after any inheritance.

Hopefully the judge will accept it. Thanks again!

Your young so future inheritance shouldn't matter

Unless your parents are on deaths door and millionaires?

I never received any child maintenance and paid for diy divorce. It was agreed on the decrees that I would have a share of exh pension. I had had crappy part time jobs whilst caring for our children so had no pension. He never gave me a penny and the dc would have been furious with me had I chased it because they feel sorry for him and my now dh provides well for me and has supported my dc.
So a court order got me nothing.

A judge will want to see what is fair and if it's very heavily balanced in favour of the non resident parent there is a possibility it could be refused.

Why did the Solicitor draft the order without the exchange of this information first?

if it looks apparent to the court that process wasn’t followed then the likelihood is they would have to refuse it unless there were very good reasons they could be convinced it was “fair” and done correctly

How sizeable is the pension? If it’s more than a few tens thousands it needs splitting. He doesn’t get to decide that. And if the consent order gets ratified once that’s done he will have zero claim on any future inheritance you may get

and you are starting to demonstrate why a judge should reject it - you are being coerced to for fear of ramifications from a vindictive ex who will make your life impossible- that’s exactly why a judge should question it

ultimately if values are low I wouldn’t spend money or stress on it and would agree to leave it personally but you should have the values on which you can decide. And your solicitor should not have drafted the order in the absence of these

Thank you all for your responses. 😊The pension is almost 20k (I’m not sure if that’s considered a large one, he’s only been in the country and working at his current company for 3 years).

I will see what the solicitor says. The whole process has caused so much stress that I just want it finalised as soon as possible. I think what is annoying me the most is that he has been claiming poverty and owes me thousands from during the marriage which he had promised to repay (stupid me has none of this in writing so there is no proof).

I will update once I’ve heard back from the solicitor. Thanks again!