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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Financial settlement rejected by court for the reason

Resolved Question:

Financial settlement rejected by court for the reason ' settlement does not seem to be within the range that court could order in its discretion under S25 (Bently v Livesey 1985 2 WLR47) what does this mean? Jacqui

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What Order did you ask the court to make?
Clare
Customer: replied 3 years ago.
It was a consent order in relation to a financial remedy. We both agreed to a settlement of £10,000 to me.
Expert:  Clare replied 3 years ago.
Hi
Clearly the Judge does not feel this is fair.
How long have you lived together and what is the extent of the assets
Clare
Customer: replied 3 years ago.
We have been together 5 years & married 2. My ex husband has assets of £150,311 & I have £24,637.
Expert:  Clare replied 3 years ago.
Hi
What is your housing position?
Are there any children involved?
Clare
Customer: replied 3 years ago.
We live in a mobile home & no children involved.
Expert:  Clare replied 3 years ago.
Hi
Are either of you represented by a solicitor?
Clare
Customer: replied 3 years ago.
My ex husband is, I couldn't afford one.
Expert:  Clare replied 3 years ago.
Hi
May I ask why you settled for so little?
Clare
Customer: replied 3 years ago.
Because I was told by him who was advised by his solicitor that we'd only been married 2 years and his assets we're acquired before we got together & my ex only went for the divorce to protect himself financially as he is obsessed with money.
Customer: replied 3 years ago.
I would just like to know where I can see what case the judge was referring to bently v livesey as I cannot find it on the internet
Expert:  Clare replied 3 years ago.
Hi
Had you in fact lived together for five years or just two?
Clare
Customer: replied 3 years ago.
We have lived together for 4 of the 5 years of which 2 of them we were married.
Customer: replied 3 years ago.
Also part of both are assets is private pensions.
Expert:  Clare replied 3 years ago.
Hi
I can see what the Judge refused the order although in fact the Case reference is to this case
http://swarb.co.uk/jenkins-v-livesey-formerly-jenkins-hl-1985/
so there may have been a typographical error
Having said that there was no need for the Judge to give a specific reason other than that the order is not fair to you.
The matter is now in your court - you can follow this up and ask for more - or matters can stay as they are and there will simply be no final order dismissing your future claims
Please ask if you need further details
Clare
Customer: replied 3 years ago.

So what does this mean, I am a little confused as the case he refers to is regarding 'The wife however became engaged to a new partner before the consent order was made, and remarried two days after. ' as this is not the case for me could this mean I will get nothing?

Expert:  Clare replied 3 years ago.
Hi
Ignore the case - I suspect that the wrong one was quoted.
The fact is that the court does not feel that your ex has offered you enough.
You can either ask for more or leaves things as they are - the choice is yours
Clare
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