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Consent order pitfalls.
Posted by: entire2411
14/05/08 at 6:43 pm
Married for 16 years, separated for 18 months. No children. We are divorcing, no problems with petition. I am not defending.
I am blind person living on state benefits. The only asset is house. Mortgaged in wifes name only but I have declared an interest in Matrimonial Home by putting a charge on title at Land Registry.
My wife has left the mh and is working in different part of the country now. She is renting out mh to tenants in order to cover mortgage.
I have no problem with any of this and do not wish to seek massive share by forcing her to sell the house. To be honest I was a bugger in the marriage not violent or anything but I feel I owe her something for standing by me for 16 years. I do think I am entitled to something after 16 years. She agrees and we have come to amicable financial settlement which I am happy with.
Her solicitor is a bit of a waste of space does not communicate with her and takes weeks to draft letters make appointments etc. She is happy to proceed with divorce doing forms herself direct with court. The petition has already been served and answered by me.
Naturally we both want consent order to be legally binding and a clean break so we can both move on. Is this too much to expect?
Rightly or wrongly and given the all too frequent communication problems with her solicitor my wife as decided to use an on line clean break consent order. This seems to be ok but I have expressed small concerns that the wording may not be correct and the service may not be up to scratch.
Basically the wife has agreed to make me an early payment once we both sign consent order with the balance being paid in a lump sum on decree absolute. Both she and I have been told this is ok but whether on line service can cope with this remains to be seen.
Now here comes the crunch. Despite me being happy with settlement, I have no interest in other matters, amounts etc concerning my wifes affairs, my solicitor seems hell bent on me seeking ancillary relief of a much larger amount and taking it through the courts if required.
My solicitor who I have approached just for advice says she has only my interest at heart but of course would make money from any drawn out proceedings.
I have made it clear that I am happy with the settlement even though it only amounts to around 30%. She says the judge will throw out the consent order.
Is there any point to trying to sort things out between the wife and I in a friendly adult manner?
Advice, comments and help appreciated.
Thanks in advance.
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