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Topic:
Will the previous consent order draft be upheld in court? (3 Posts)
Started By:
Date:
01 July, 2017 12:30AM
Will the previous consent order draft be upheld in court?
6MonthsToGo - 01 July, 2017 12:30AM
Dear Terry

I'm in the process of getting a divorce from my stbx. We're at the decree nisi stage and have been trying to come to financial settlement for the past year. We've reached an impasse with the negotiating. My ex is self employed and is refusing to agree a gross amount for his company earnings to calculate the child maintenance amount and a variation for it year on year in the consent order. None of the agreements we've had over the last year had 'without prejudice' put on the header. I'm also worried he will go to the cms to set the cm payment which may be a lot lower than I wanted him to pay.

If we really can not find a solution to this and have to go to the courts for financial relief how will the following effect the financial dispute resolution and other parts of the court process up to final hearing? He's warned that he will come after me for a much better deal now and only agreed (in email) to the pervious deal to get this done quickly. He's planning to move overseas to cohabit with his new partner.

Will the plain language version of the consent order that my ex has agreed but not signed be taken into consideration in the court process?

He's not received legal advice before negotiating. He now has received legal advice. Would he be able to use this is distance himself from the agreement?

Neither of us has given a full financial disclosure, just details our account balances, pensions value, other assets and debts. Will that undermine the agreement in the eyes of the courts?

If we can't do a deal is there any thing else I need to be aware of before starting financial relief?


Thank you

Abi
Re: Will the previous consent order draft be upheld in court?
davidterry - 01 July, 2017 07:53AM
You haven't reached agreement so, if asked to do so, a court would decide the matter afresh.
Re: Will the previous consent order draft be upheld in court?
Bubblegum - 01 July, 2017 09:28AM
6MonthsToGo Wrote:
-------------------------------------------------------
> If we can't do a deal is there any thing else I
> need to be aware of before starting financial
> relief?
> Abi

If the main sticking point is the CM, I would make sure the Court has jurisdiction to make an order in respect of the CM. They do in only limited cases. So that is something you should look in to.
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