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History: Home UK Divorce Forum
Topic:
Chronic Illness and Consent Order (3 Posts)
Started By:
Date:
14 February, 2017 11:52AM
Chronic Illness and Consent Order
Nomad - 14 February, 2017 11:52AM
Hi, I am after some opinions. I have now reached settlement agreement with my soon to be ex-wife and am at the stage of submitting the divorce petition and then once obtained Decree Nisi a consent order to make it legally binding. I ave been diagnosed since August of Last year with Complex regional Pain Syndrome after a nerve injury to my foot and as this is considered an incurable condition I wasn't sure if I should mention this on the consent order when its ask about any additional information which cold be relevant to the financial agreement / arrangements?

As my condition stands now, I am able to work although for the last 6 months I have had to work from home due to the mobility issues I have been experiencing ( i normally have to commute nearly two hours to get to the office which i would not be able to do at the present time) . My concern is, if i was made redundant in the future and still had the same level of mobility issues it might be hard for me to find another job that allowed me the same level of flexibility i.e WFH.

So should it mention it or not?
Re: Chronic Illness and Consent Order
davidterry - 15 February, 2017 06:01PM
Whether you mention it depends upon the nature of the settlement. If, say, neither of you have anything then it would probably be irrelevant. On the other hand if spousal maintenance is being paid and/or there is disparity in the division of capital and this condition justifies it then it is relevant and should be mentioned. Whether something is relevant depends upon the context. Not believing in God would be irrelevant to being a lawyer but very relevant to being a clergyman.
Re: Chronic Illness and Consent Order
Nomad - 16 February, 2017 10:01AM
Thanks David, There is no spousal maintenance being paid and i am buying out her share of the equity of the house less some monies she owes me and a portion of the interest i have paid on the mortgage for the nearly 3 years when she refused to make any contribution towards the mortgage payment whilst she constantly delayed and wrangled over the terms of the settlement.

My feeling is not to mention it as don't want to throw any more complexity into what has been a very stressful and unnecessarily long and drawn out process when it should have been simple and straightforward from the beginning, the ex was wrangling over £2kfor 12 months, some people are just never happy no matter how much you try and be reasonable!
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