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History: Home UK Divorce Forum
Court's consideration of Consent Order? (8 Posts)
Started By:
24 February, 2017 07:48PM
Court's consideration of Consent Order?
Soltera - 24 February, 2017 07:48PM
Good evening,

I would sincerely appreciate any advice you could offer on my situation -

Separated for about 3 years, no children and husband has lived for roughly a year with the women he was unfaithful with.

My husband is non European, has indefinite leave to remain and resided permanently in UK since 2006, moving into the house I had owned since 2004 and where we lived together for 7 years (6.5 yrs married). The mortgage, bills etc have only ever been in my name and the property was purchased with a deposit that was a financial gift from my parents/grandparents.

Due to having two incurable, but treatable chronic health complaints,I have saved money over the years as a small safeguard towards the unpredictability of my well-being. A good % of my savings came from a car accident settlement in 2008, which took into consideration the provision for future difficulties/medication costs etc. for one of the illnesses.

My house is the only stability I have given my situation and due to a recent exacerbation of health problems, I have not been able to seek further employment since leaving former role 6 months ago and currently rely upon said savings to meet mortgage/living costs. House value approx 280k, 100k outstanding mortgage, personal savings approx 55k. husband's base salary approx 21k (ex bonus/commission). My husband and his partner both work full time.

I have been contemplating getting a Consent Order drawn up, though am apprehensive that despite our amicable agreement for a clean break without any division of possessions/finances, that the court may consider this as unbalanced.

From the little I have highlighted, would it be possible to comment at all on the recommended way to proceed please? Likelihood of court to consider agreement unfair? Simply opt for decree absolute and see if he remarries in the future? Would a Separation Agreement be an good alternative to a Consent Order ?

Many thanks in advance for your time
Re: Court's consideration of Consent Order?
davidterry - 26 February, 2017 03:16PM
If what you say is correct there is no obvious reason why a court should consider proposed terms of settlement unfair. The circumstances may need to be explained so in principle there should not be a problem.
Re: Court's consideration of Consent Order?
Soltera - 27 February, 2017 12:00PM
Good morning and I very much appreciate you taking the time to reply Mr. Terry.

In the event that the court DID consider the settlement unfair, do they have the authority to make me divide assets/finances in a fairer way, or will they just refrain from granting the stamp for the Consent Order? In which case, would a Separation Agreement be favourable to having nothing at all?

Once again, many thanks for your time in this matter.
Re: Court's consideration of Consent Order?
davidterry - 27 February, 2017 06:40PM
I really don't think 'what if' questions help much. They are a recipe for paralysis and there is no end to them. Courts do not often refuse consent orders between consenting adults provided there is some sort of reasonable justification for them. I have seen many orders that I considered unfair to be approved.
Re: Court's consideration of Consent Order?
FlorenceG - 02 March, 2017 09:10AM
I've just had a financial order refused, but the court didn't instantly order a different division or attempt to enforce anything - they just said this seems unfair, please provide more details of why you think this should be accepted. If you gave a detailed statement to go with the statement of information that might help.
Re: Court's consideration of Consent Order?
Andyk - 02 March, 2017 11:57AM
The courts wouldn't force a different outcome just because they have refused a consent order, it would be up to one of you to force the issue by taking this to the court and asking them to decide, then it can be forced.
Re: Court's consideration of Consent Order?
Soltera - 02 March, 2017 07:49PM
Thank you both for your comments. @FlorenceG Did the court also inform your estranged partner of the Financial Order refusal, or just yourself? Thanks again

Edited 1 time(s). Last edit at 02/03/2017 07:50PM by Soltera.
Re: Court's consideration of Consent Order?
davidterry - 03 March, 2017 09:52AM
>>Did the court also inform your estranged partner of the Financial Order refusal, or just yourself?

The courts communicate such decisions to both parties.
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