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Wording on Consent Order (3 Posts)
Started By:
27 November, 2017 02:16PM
Wording on Consent Order
Mystic - 27 November, 2017 02:16PM
Hi all, I am hoping for some advice regarding some wording on a draft consent order.

My ex wife has had her solicitor draw up a consent order stating that I have agreed to pay her a lump sum in return for her transferring the FMH into my name.

When i accepted the full and final settlement amount, it was stated in the offer letter from her solicitor that the transfer of the monies and property will be done in 28 days from the date of the court sealed order. Now I have received the draft order from her solicitor and they have put the date of 14 days which i have not agreed to, and it hasn't even been discussed! Even 28 days would be a very quick transfer let alone 14 days which would be an impossibility! They have also added in a paragraph saying that I will pay all the legal costs of the transfer despite this never being discussed and myself and the ex always said that we would each have our own lawyers and each pay our own costs.

My questions are, if a solicitor has sent me an offer letter and email making an offer which details the amount and specific terms ( payment of lump sum within 28 days, no mention of me agreeing to pay all the costs of the transfer) and i accepted the offer based on those terms, how can they then draw up a consent order changing those terms which haven't even been discussed with me let alone agreed?

Also on the last page of the consent order it states:

NOTICE PURSUANT TO PD33 a para 1.4 and /or 2.2
You....may be sent to prison for contempt of court if you break the promises that have been given to the court.

If you fail to pay any sum of money which you have promised the court that you will pay, a person entitled to enforce the undertaking may apply to the court for an order. You may be sent to prison if it is proved that you ;

a) have or have had since the date of the undertaking, the means to pay the sum
b) have refused or neglected, or are refusing or neglecting to pay the sum


I ...understand the undertaking that i have given, and that if i break any of my promises to the court, i may be sent to prison for contempt of court

This all seems a bit heavy handed to me in that the payment of the lump sum and transfer will be handled when it happens by lawyers so i cannot see how i would possibly be able to break the terms of the undertaking, even if i wanted too ( which i don't) am i obliged to sign that statement?

Thank you in advance

Re: Wording on Consent Order
davidterry - 27 November, 2017 04:55PM
Under no circumstances should you accept a time scale as short of 14 days. It is not uncommon for it to take more than 14 days for a court to send out the order after it is has been approved by a judge (and it is the date of approval by the judge which starts the 14 days running). The point is that if money is paid late it normally bears interest at what is called the 'statutory rate' which is currently 8% (and has been since days of yore). On a substantial amount of money interest at this rate is very significant and could start to run before you even receive the sealed order if you accept a time scale as short as this.

Rather than deal with this yourself you would be wise to have the draft checked by a solicitor. You can be fairly sure that if your wife's solicitors have inserted this provision for her benefit they will probably have inserted others which often are not obvious to a person who is not a lawyer. There are bear traps to catch the unwary in a document like this.
Re: Wording on Consent Order
Mystic - 27 November, 2017 05:09PM
Thank you David for your prompt response and advice,. can i ask i can email you direct about this ?
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