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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I had a draft consent order agreed as part of collaborative

Resolved Question:

I had a draft consent order agreed as part of collaborative divorce. The marital home was sold and the proceeds divided as agreed in the consent order. I pay £500 per month child maintenance as outlined in the draft consent order. As the marital home was sold before my wife's solicitor had time to send the consent order to the judge it was to reflect what had already happened. The FMH was sold 6 months ago and my wife is saying to her solicitor she is no longer happy with the agreement in the consent order. My opinion is that I have already given more than what most people would give (she had over 80% of the equity / assets and I was left with £20k which is the minimum I needed as a deposit on a house). She has bought a house and we have 50/50 shared care of the children. What are my options now?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. The problem that you have here is that because the consent order has not been approved by a Judge it is not yet legally binding. It is therefore possible for your ex wife to withdraw her position from what was previously agreed. The draft order should have never been acted upon until it had been approved by the court. In respect of options - from what you have described - it seems as though the draft order was very favourable to your wife anyway. You can either try and find out what she is after now and try and reach an agreement - or hold your ground and let the court make the decision in matrimonial financial proceedings what the division should be. Kind Regards ***** ***** feedback is gratefully received
Customer: replied 1 year ago.
If I hold my ground how do I get it to court to let the judge make a decision please?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello You would have to issue an application at the Family Court for a Financial Order. You apply to court on a Form A. You need to get the mediator to sign the Form A to confirm that you have attempted mediation but this has been unsuccessful. The court process will then commence with the Judge ultimately making the decision as to how the assets should be decided. Kind Regards Caroline
Customer: replied 1 year ago.
It was a collaborative procedure - with the agreement witnessed by both solicitors and both solicitors knew that it was going to be acted upon before being approved by a judge. Her solicitor knew before the FMH was sold that my wife was no longer happy with the arrangement but let the house sale go through and the assets be divided as per the draft consent order - and only subsequently I am told that there is an issue. Would I not have seem legal recourse to her solicitor or my wife for the costs incurred of the collaborative process?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I am sorry but it is still not legally binding until the Judge has approved the agreed order. Your wifes solicitor only acts in your wifes interest and not yours - your recourse would be against any solicitor whom advised you - as they should have told you that the assets should under no circumstances be divided until the final order was approved. This still leaves you in the position that as our wife is now reneging on the agreement - if matters cant be agreed - then it would be the courts who would have to make the final decision. Kind Regards Caroline
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Customer: replied 1 year ago.
Thank you Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hopefully your ex will back down if she realises you will take this to court and are not going to renegotiate to give her more - as she may not want to incur legal representation at court. Kind Regards Caroline