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Topic:
Information about the Consent Form. (9 Posts)
Started By:
Date:
29 November, 2017 12:49PM
Information about the Consent Form.
Outland47 - 29 November, 2017 12:49PM
A final court appearance is due next week in Manchester's family courts. The terms and conditions to do with the financial situation has been agreed and now still awaiting the consent form from the applicant. Plus the applicant may be adding some new clauses to the financial agreement, which, as yet, I have read or agreed with.
So I have read nothing to be able to sign and agree with, plus of course, my solicitors have also nothing to read, check and agree with. In the space of just a few days, I have to receive, read, agree or query, arrange a solicitor's appointment to read, agree or query a consent form in time for the hearing.
So:-

What happens if the 15 minute hearing goes ahead without my agreement and signature on the consent form?

What can I do about protesting about the lateness in receiving the consent form?

Can the Consent Form be signed off by the Judge, even though I am unable to agree with it?
Re: Information about the Consent Form.
davidterry - 29 November, 2017 02:28PM
>Can the Consent Form be signed off by the Judge, even though I am unable to agree with it?

No. Consent has to be mutual. What only one side wants is not by consent.
Re: Information about the Consent Form.
Outland47 - 29 November, 2017 04:51PM
Thank you for the information.
So the court hearing is going ahead, as it is too late too adjourn, and at that time the Consent Form will not be signed.
What will happen during the hearing and what will be the outcome please?
Re: Information about the Consent Form.
davidterry - 29 November, 2017 05:42PM
Who can say what the outcome will be? That is for the judge to decide.
Re: Information about the Consent Form.
Outland47 - 29 November, 2017 09:05PM
Thanks, but what I mean is, can the Judge go ahead and agree and sign the Consent Form concluded if, I haven't signed it?

The hearing can't be postponed now, so it will have to go ahead and more than likely, with a consent form that is not signed by me.

I only have a few working days to actually receive the form, read it, hopefully be happy with it, get my solicitor to do the same and then I sign it. That's not including any queries that may crop up to be raised with the applicant.
Re: Information about the Consent Form.
davidterry - 30 November, 2017 09:26AM
>>Thanks, but what I mean is, can the Judge go ahead and agree and sign the Consent Form concluded if, I haven't signed it?

I have already answered that question. If you have not consented to something then it cannot be treated as by consent.
Re: Information about the Consent Form.
Outland47 - 30 November, 2017 03:02PM
davidterry - thanks for your helpful advice.

So the 15 minute will be interesting as I won't be signing anything before it. Still haven't received a copy of the form and the hearing is early next week.
eye popping smiley
Re: Information about the Consent Form.
davidterry - 30 November, 2017 05:52PM
One issue likely to be decided at the hearing is whether either of you is responsible for a wasted court appointment and therefore who should be ordered to pay for it. That will very likely depend upon whether either or both of you have behaved unreasonably in respect of the appointment. Courts don't like having their time wasted.
Re: Information about the Consent Form.
Outland47 - 30 November, 2017 08:12PM
Yes and I agree totally.

I have kept the courts up to date clearly stating that I have not received anything from the applicant and therefore can't book an appointment with my solicitor to sit down and go through the consent form to either agree with it or throw up any queries.

It's all totally out of my hands and in the hands of the applicant.
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