Consent Order denied

[TryingToForgeAnewLife]

So fed up. Financial order denied as the Judge wants the financial split explained better.

What's the likelihood of them then agreeing it or refusing it after they have asked for more information?

It's taken 2 months to come back. Will it now take another two months?

What do you mean the financial schedule?
Do you mean the financial summary firm that gets lodged with the order that just shows everyone's assets, liabilities and pensions, or do you mean the whole deal?

If the latter then you have a clear agreement that you can enforce under the Xhydias principles already mentioned. There are other cases too, such as Edgar.

*form

Sorry it is The Financial Summary - at least that's what l am interpreting it to be as STBXH solicitor STILL has not responded to mine.

I just want this over with and to know if the house is mine or if I'm going to have to sell . If it had all gone through ok, l could have filed for my absolute and we would have been divorced pretty much a year to the day l found out about the OW.

If it's just that form it can be amended to more clearly explain the deal. Or a letter can do the same job.

Finally heard back from them nearly 3 weeks later. It works out that the split is 49.3 / 50.7% in my favour not including my Mum's house. 42.1 / 57.9% in my favour if it is included. But this figure doesn't take into account the £40,000 redundancy that he spent in the two months from leaving to when we filled in the Financial Forms. It has been mentioned in the order that he had the sole use and wasted it to it all

So what did they say?
Your mums house is irrelevant unless you have an actual interest in it. Inheritances have to be certain and immediate to be relevant.
If I was your solicitor I'd write a letter explaining that not reflected in the form is the £40k redundancy which husband spent and that the percentage split is what you said, and that both parties have had advice and reached the agreement via negotiations both direct and via solicitors.
Or a joint letter to that effect.
Sometimes the judge just wants it explained in more detail.

A joint letter to that effect is being written with both solicitors signatures. Also the fact that since we submitted our original paperwork my savings have decreased due to solicitor bills and the costs of remorgaging into my own name.

I actually own 1/4 of my mum's house. As in on the deeds etc. My parent's were tenants in common and his half was left to my sister and l when he died 5 years ago.

I am really hoping that once the judge sees the net finances in a list with the attached notes that explain the figures i.e the redundancy being spent prior to the submission of paperwork, how my savings have dramatically decreased, how l have paid him a lump sum so that he has capital for a deposit and how he agreed to not have an interest in my mum's house - it will be agreed.

If not and we have to go back to negotiation again, which results in me having to give him more capital, then l will have to sell my house to raise it.

I will only be able to afford a two bed then which will mean the boy's will have a room each (DS1 is autistic and needs space) and I'll sleep on a sofa bed in the lounge.

If it's a joint letter and a negotiated agreement through solicitors it is extremely unlikely it won't get through. It is not uncommon for the judge to ask for an explanation so (s)he understands the deal, I've had it quite a few times.

Thankyou for your reasurrance. I so hope it goes through. He has had £66,000 in cash - more then enough for a deposit but he has chosen to spend it. His earning capacity is 3 times mine plus him and OW live together now so have two incomes to my one

Update....

The paperwork has finally been returned to court.

Can't believe how long it has taken just to do this.

Let us know how it goes and good luck.

Still waiting to hear from court

Don't worry about that. It's probably got to go back to the same judge and it's holiday season

Still waiting....

Well all I can say is holiday season causes delays. However, it has taken a long time. One f the delays will be that it's got to go back before the same judge and that can cause delays because s/he may not be sitting in the same court for a while, and may be a part time judge, combined with a holiday....You could phone the court and ask what is happening?

I did. It's with the Judge but even after he hopefully agrees it, it will be another 4-6 weeks for it to be written up

That's odd. Normally the court gets an emailed copy and one judge has approved it they turn it round in a couple of days!

*once just has approved it

Update: my solicitor emailed me today to say they'd contacted the Court and the order went before the Judge on the 23rd August.

She then said the Judge has 4 months to process that. I can't quite believe that l submitted my order on the 29th June but might not hear the decision until December.

That's shocking, so you are in limbo till then

Yes l am. Just so fed up. Want this to all be over.

Bizarre. Normally these things get turned round in a couple of weeks!!! What court is it?

East Midlands

Just phoned again on the hope there might be an update and he said the Judge is taking approximately 4 months to look at each case. So thats 4 months from end of August. So l won't hear anything until December.