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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would like to apply back to court to have a consent order

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I would like to apply back to court to have a consent order I signed on 10th August under extreme pressure having been mentally, emotionally and financially bullied and intimidated by my ex husband throughout the seperation and divorce leading me to becoming so ill that I had been undergoing counselling with the local adult mental health team and doctor and had come close to taking my own life on 3 occasions.
My own solicitors who had up to and including earlier that morning assured me that due to many non disclosure issues such as my husband refusing to disclose any credit card accounts or statements, policies and ISA's, would have to disclose these before we could accept any financial settlement and due to a very large differential in pension, would need to seek pension sharing. I also earned substantially less as my salary of £18400 compared to his £52000. He also disclosed savings of almost £60K.
However after negotiating with his barrister who asked if I was working and I confirmed I was still signed off sick since beginning July, my barrister told the judge we were close to agreeing although I was unhappy with what had been proposed and then they had another meeting behind closed doors and came back stating my husband had taken everything off the table including spousal support and pension.
They started to draw up an order stating I would have to sell my home I have lived in for 23 years in the village I have lived for nearly all my life, I would only have 50% house plus an extra £68K from his share of a house valued at £375K with outstanding mortgage of £53K and a lump sum of £13400.
I realised this would mean even with the additional share. I would never be able to afford a home in this area and would have to move out despite that my parents live in the next road, my best friends live here, my adult daughter still lives with me and feels safe here. Also when we took out the mortgage, as the house was rented through a housing association, I brought a 36% discount by the right to buy scheme and probably could never have afforded the full property price.
I had a friend with me in the chambers and can prove that although I broke down and had to rush out the room after begging that the order was so unfair and my husband was a liar and the judge should hear all the issues, my solicitors when I returned said and reitterated to me, that to carry on to a final hearing would cost me over £ 20,000 in litigation loans plus charges and admin fees, that he would likely squirrel his money away and no guarantee I would be successful. I do not believe my solicitors gave me a balanced view as I was not clear or strong enough to realise I could have requested they bring the issues up to the judge and that I could have continued to a final hearing without legal representation costing me £000's and that the judge knowing my husband had taken every financial support away may have awarded some spousal support until agreement finally reached.
My solicitor and barrister were well aware of my emotional and mental state and that I was given minutes to decide on a life changing order whilst in a very vulnerable position. I can get written proof from the mental health team and my doctor confirming that I was ill and should never have been placed in that position in being coereced into signing that order.
I do believe that as a cash client having run out of money, they were no longer acting in my best interest but in their own so to ensure a settlement was made and they could take the outstanding fees I owed them as knew I no longer had any spare funds to continue with them representing me through to a final hearing
I am begging as I am now stronger and finishing with my anti depressants, to want to have that consent order challenged and/or set aside pending a new hearing so the court are aware of everything that my then husband did to try to force me to give up, not go through legal action, tell me I was deluded and only entitled to 50% of the house and nothing more. That he publicly and openly flaunted his adultery with a woman across the road in front of our eyes, flaunted it on facebook, blackmailed my daughters to say if they would meet him that he would stop putting pictures and comments of his new relationship on facebook but then said if they didn't like what he posted on facebook, then they could just unfriend him and he couldn't care less. This from a man who for 23 years had loved me and my girls and treated us with so much kindness and affection.
I would also state that I started divorce in February as my husband on taking me away to America in the prior September for what was supposed to be a 50th birthday holiday adventure of a lifetime, when I flew out thought I was still a loved and adored wife, that my world blew apart suddenly when I attempted to touch him, just pushed me away and walked off and would not speak to me other than saying he didn't love me anymore.
Please is there any chance?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Why did you agree to it if you didn't consent? Why have you waited since August to try and challenge it please?
Alex
Customer: replied 1 year ago.
Since September 2014 when my husband ended our relationship whilst in America without any warning or inkling anything was wrong in our marriage, he became a totally different man with no morals, decency or sensitivity taking all financial support away, demanded I pay him money and falsely accusing me of physical assault, he would stop paying the mortgage and move back into our spare room whilst carrying on relationship with woman across the road. He continually told me I was deluded, became spiteful and vindictive when my daughter & I had to take out a harassment order. I became so ill and came so close to ending my life. I loved this man so much and could not understand or deal with the person he became. When I was in that court earlier in the morning y own solicitors had said he would have to disclose the credit cards, policies & ISA'S and no question that pension sharing would have to be negotiated. This all changed so suddenly after we had seen the judge the first time when we were still negotiating in the chambers. I still find it hard to understand what happened but believe once his counsel found out I was still signed off sick with no money left, they banked on me giving up and not being able to afford to continue legal means.
My solicitors who had up to then been assuring me he would have to disclose and would make the judge aware turned round after they went out to have a discussion and on their return totally changed what they had previously stated all along.
All of a sudden there was no wish to challenge my husbands solicitor and barrister and they came up with what was on offer now. Share of house plus 68k from his share, a small lump sum of 13400, no spousal support, no pension sharing, no being able to put before the judge the issues regarding him walking out without a word, spending £000's on another woman (flaunted kn faceboook to everyone), getting a flat within a week of getting home from America, not disclosing any credit cards, savings policies, ISA'S, the intimidation he put me through which my daughters tried to prevent him doing but he ignored everyone saying he was going to do what he wanted. He was a mid life crisis who took everything out on me deliberately knowing I was ill to get what he wanted. I was in no fit state to be able to stand up for myself, I signed the consent even though I was sobbing to my solicitors but they just said it would cost me so much I felt scared and felt I had no other option at that time.
I really felt so pressured by my own solicitors in such a very short space of time as we only had a few minutes to go before the judge when all this happened and had no time to calm down, think things through and that I broke down days after the hearing knowing I had signed a decent financial future away and was taken ill again.
I have with support from family,friends and a very supportive manager and colleagues managed to become well again, getting back to work on a phased return until strong and mentally capable of coping with all this.
I cannot begin to explain how my life was so totally blown to pieces suddenly and how his behaviour and conduct and mentally intimidating made such a devastating blow become impossible to cope with as I was always kicked from pillar to post with him mentally trying to take me down, I could not cope and that my solicitor was well aware I did not want to sign that day but I had no support from a balanced view that I should not have been pressured when I was in that state.
Expert:  Ash replied 1 year ago.
Why have you waited and August before trying to challenge it. Are you saying your solicitors forced you into signing it?
Customer: replied 1 year ago.
I believe my solicitor, barrister and assistant solicitor all of whom were in the chamber used unnecessary pressure to get me to sign that consent order by using threats that it would cost me so much and I would have had little chance of success in obtaining anything further in any settlement.
I had three legal people facing me down, my own legal representatives telling me that in their opinion it wasn't such a bad deal as at least I would have my debts built up cleared and showing me properties on their laptop that I could just about afford to buy saying I could also own a small property. These were fairly run down and in the middle of High Wycombe, miles away in built up town where I would never be happy living in a town.
They kept on at me and my friend can vouch for this as she remembers that my counsel kept warning me about the costs of continuing and made her think it would be foolish to carry on if she was in my shoes.
Unfortunately my friend was not aware of the financial differences in mine and my husbands assets, savings or income as she had just come to give moral support but now understanding more about my financial state and the non disclosure has said if she had known on the day, would never have stood back and let me sign the consent.
She too feels the solicitors used too much pressure to frighten me into thinking I had no realistic chance but to sign.
They did not hold a gun to my head to make me sign but used words into making me climb down from not wanting to sign and as with my husbands bullying I know I was taking full advantage of instead of protection that I needed from them.
I feel my solicitor was not acting in my best interest at all and whether they were professionally negliegent would be impossible for someone like me with no money to prove in the court.
I have spoken to the Legal Ombudsman and they have opened a case reference but leaving it to me to formally complain to my solicitors company.
I would also like to mention that earlier in the divorce process, My solicitor had sent me three email attachments regarding details of dates of events for me to confirm if correct, one of which when I opened were a completely different client stating personal details.
Unfortunately at that I did not think too much about that and on my solicitor apologising and saying it was just an error, I deleted it so do not have the email now available to make a complaint re data protection.
I do now wonder if my details were ever supplied to another client in error?
I feel my solicitor was young although not a trainee and did not behave as professionally as she should have but one who I put my trust in but let me down dreadfully in court.
I hope this makes sense as I had no intention of signing that order when the other barrister took everything we were negoitiating off the table, but with my counsels threats they made me feel even if I did not sign that day, I would not gain anything to my advantage and my husband would just get away with his lies.
Thank you
Debbie
Expert:  Ash replied 1 year ago.
Thank you Debbie, but why have you waited 6 months?
Customer: replied 1 year ago.
Straight after court hearing I went straight go estate agent to put my home on the market as I was in absolute shock at what had happened. My now ex husband came to the house to fix a few wiring problems as wanted to get as much as possible for the house. When he was there he casually said the house was looking good and I just broke down completely in front of him.
I had a total breakdown screaming that what he had done was wrong and he actually cried and seemed to be apologetic.
shortly afterwards he said he thought we could negotiate something between ourselves and not go with what the judge had ordered.
he made offers one of which in september was to let me have the house as he realised I needed to be with my family and would keep a 15% share with no time limit as to when I had to sell.
I and my family were delighted but since then has denied making that offer although has been sending texts making less attractive offers as me staying in the house for 2-3 years but having less share when it was sold.
So not only was I still under medication due to severe depression but that my ex husband had made some attempt to try and negotiate a new settlement is why I waited until now. But mainly because I was so fragile that my family and friends did not think I would be strong enough to go back to court and my best friend aware that I still carry razor blades in my bag.
how ill do I have to be before anyone will listen? How can someone cope when my world blew apart and then taken through a court process where my husband was allowed to lie and deceive, when on the day I was hurt and scared and everything I was promised by my solicitors that full disclosure would have to be made before any settlement could be made suddenly changed without warning and promises made were broken. I have always until my husband left me been a happy person but have gone through so much hell that I have been so ill. My husband knowing I was ill ordered the financial order through the court just three days after we had exchanged voluntary form E's to do exactly what he wanted to do so to rush the order througjh knowing I was not really strong or prepared for this.
i should not have been in that court room so soon after being released from adult mental health counselling due to me wanting to take my own life again but I had no choice or thought I didn't but could my solicitor have requested to the court that I was weak and vulnerable, would that have helped, I do not know.
Expert:  Ash replied 1 year ago.
It very hard to get a consent order set aside.This is because you were legally represented. However if you want to try you can. You need to complete form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The Court will set the matter down for a hearing and decide whether to set it aside.
If the Court does not you can also complain to the Legal Ombudsman about your legal service received. They are a free, independent body that can examine your complaint at: http://www.legalombudsman.org.uk/
You may have a claim for negligence against your previous advisors if they did not advise you properly or force you to take a particular course of action.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
With regard to question 3 on the attached form, how should I phrase my question please?
Should I state I wish to have a consent order I signed on 10th August be set aside due to undue pressure to sign by my own legal representatives while suffering from mental health depression or would you suggest a different terminology for this question?
What would I also need to state in question 4, do I need to draft up an order of some kind or simply say please dismiss the current consent order and request a new hearing?
I really do not know what to do and also I did not notice how much the fee would be to submit the application.
Also Alex, would it be advisable to provide written letters from my counsellor and doctor stating how badly I was affected by my husbands conduct to be attached and sent with my application?
Regards
Debbie
Expert:  Ash replied 1 year ago.
You want it set aside and why - that is what you put. Dont worry about drafting an order. You would do well with getting a Solicitor to draft this for you. Its £155 and there will be a hearing.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Thank you AlexI have a friend and colleague who is our Council's solicitor who is willing to help with this.
I appreciate your help in this matter as it has been an enormous mental strain and also the worry about the emotional damage he has caused to my youngest daughter has not helped either.
I will proceed to ask if they are willing to have another hearing because without a fairer settlement I have little financial help for the future.
Kind Regards
Debbie Munro

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