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Topic:
Consent order from Settlement agreement (3 Posts)
Started By:
Date:
15 August, 2017 10:06AM
Consent order from Settlement agreement
DW64 - 15 August, 2017 10:06AM
Hi Just begining Divorce and Consent order and have a few questions.
18months ago my wife walked out and moved in with her boyfriend. They have lived together ever since. My sons(26+23) and I had no idea she had been living 2 lives for approx 4 years. I was deverstated and it took me +6 months to come to terms with it.12months ago my then solicitor advised I was to late to divorce on aldutory and had to wait 2 years He drew up a settlement agreement for us and we both signed the agreement(she had a lawyer). I got to keep the house, 3 rental properties and take over the 4 mortgages and I gave her a mortage free House and £30k. Pensions would stay as they are. Over the last 12 months all the properties have been transfered into sole names and i have paid her the £30k
I have began to complete the D81 and our assets etc look nearly 50/50but my pension is worth approx £150k more then hers.
Q1 Will the original settlement agreement stand as the D81?
Q2 could the judge now make me pay her an additional payment for pensions differences
Q3 We hope to now keep legal fees to a minimum can we complete a D81 and submit it ourselves or do we both need to enagage solicitors again. how do we get the d81 contersigned?

Thanks
Re: Consent order from Settlement agreement
DW64 - 15 August, 2017 10:17AM
Also W has continued to work part time living on just £650 per month with £65k in the bank from her mothers estate.
Re: Consent order from Settlement agreement
davidterry - 18 August, 2017 06:05PM
You had a solicitor who drew up these terms of settlement on your behalf. You should ask that solicitor because he/she obviously has much more familiarity with the circumstances upon which the settlement was based.

Since you seem to have five properties it hardly seems sensible not to seek proper legal advice.

By the way, this is a long marriage. You did not 'give' your wife anything. She had/has an entitlement to a fair share of the assets - whether she has committed adultery or not.
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