Consent order rejected – controlling ex-husband

[User129]

So, my ex-husband has dragged out a very simple divorce for over a year and a half. I’ve given up and don’t want to fight and I don’t want to go to court so we agreed between lawyers the D1 and consent order. He ended up with more than me, I have minimum wage, he works in banking, he’s not giving me any of his pension. But I do keep the house. I do not get any spousal support but idea get mandated child support. The children are with me most of the time.

We submitted our D 81 together and the court has asked for more information. Has this happened to anyone else? Is it rare? If it has happened to you, what was the outcome? I thought everything was pretty detailed.

Updated, I do keep the house but with a mortgage.

The court sees the split as unfair and wants to know why it is in his favour I suspect

It's common for the court to ask questions to understand how a settlement was reached. They want to make sure no one is under pressure (which it sounds like you are!) And that the solution is fair.

Just because the parties think it's fair doesn't mean a court will. Generally a judge will view and agreement between the parties as in everyone's best interests if they are sure that all issues have been considered.

Just be honest in your response to queries. If it goes to court you don't need a solicitor you can do it yourself.

It’s in his favour because he came into the marriage with more, that was also all detailed. Honestly, I don’t know how I will survive, but I think it’s the best deal I can get or at least that’s what has been presented to me by his side and my lawyers. At this stage, I wonder if I go back to him and tell him to increase the offer.

And what happens if I provide the information and it’s still unfair?

It csn still be granted. A judge just needs to know you both understand the ramifications of your agreement .

The fact that he brought more to the marriage than you is a bit irrelevant. The judge will want to know that you and your children can be adequately housed as a minimum.
What % of the equity in the house are you asking for?

I’ll have all the equity in the house plus a bit more from his pre-assets. But I will still need a mortgage. And he will still have more than me.

the judge will want assurance that you have independent legal advice and that all the assets have been declared. If that is in place, and as stated in one of your posts, your lawyers have told you it’s the best deal you can get the judge should be assured.

Although you say it is unfair you don’t give any factual information to demonstrate why this would be the case. Therefore it’s impossible to tell you whether you will get more or not.