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Divorce financial settlement

2 replies

Jal63 · 30/04/2019 21:38

I am now divorced, the decree nisi came through 19 weeks and 2 days after it was applied for ! The financial settlement was then sent to the court, this was 9 weeks ago and we received the decree absolute after 8 weeks. However, the financial settlement has now been rejected by the judge, even though we both signed to say we agreed it and my ex sent in a letter stating that he completely supported the financial settlement. The main issue seems to be that my ex refused to seek any legal advice or use a solicitor because he felt he knew best and wasn’t willing to pay their fees. I have been using a solicitor and she did warn me that the judge might reject the settlement because of the lack of legal advice to both parties. The settlement is 40K in my favour and this is mainly because when we agreed the figures my ex’s personal pension was worth 40K more than he said it was worth when it cam to filling in the form for the courts. We have not gone full disclosure route because my ex is an accountant and has been putting money away for some time, I will need to pay for a forensic accountant to find the money and I can’t afford to do this. My main questions are: has anyone had their financial settlement rejected by the judge and if so, what happens next? Also, am I legally obliged to accept any new settlement that the judge decides is fair? Does it tend to take very long for the judge to consider the matter for a second time after they have received a letter from my solicitor explaining all of the reasons as to how we came to our agreement?Thanks for any helpful information.

OP posts:
Collaborate · 30/04/2019 23:36

I presume the judge didn’t reject it. They’ll call it in precisely because he’s unrepresented. They’ll only want to explain the order to him. Shouldn’t be anything to worry about.

RedHelenB · 01/05/2019 19:15

Exact same situation happened to my friend.Both her and ex said they were happy with order, they were professionals and it got stamped. I thought it might happen with mine but I think because the house had already been transferred into my name and so hed been advised twice by my solicitor to get legal representation, it went through no bother.

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