Ask a Family Law Question, Get an Answer ASAP!
Hi, I'm Lea
Has the consent order been drawn up within the divorce proceedings - as in, one of you has made a financial application for settlement?
Has there been full disclosure?
But is it within divorce proceedings or are you already divorced?
Have you both completed and exchanged Form Es?
and Form Es?
Have either of you made an application for financial settlement on Form A?
It's quite likely that your ex has been advised not to sign a consent order without full disclosure first. This would be standard advice to anyone seeking such from a lawyer.
Even if she did sign it, the court could still refuse it on the basis of non disclosure, or just checking that each of you have had legal advice and were satisfied with the contents of the order.
I am afraid you are not going to be able to force her to sign it until or unless one of you makes an application to the court using form A, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713394/Form_A_Eng_6.18.pdf
A consent order has to be sealed by a court in order to be enforceable.
Does that help?
All the best.
The court will want to know that you are both agreeing on the basis of having been advised, or being informed that you should each be advised. If you submit the consent order to the court now (with the Form A) the court will ask her that question before sealing any order.
I'm not available to call you, but another lawyer may pick up on your request.
Your next step should be filing the Form A.
Yes, of course.
We're not permitted to give that information on here.
However, if you have future questions you can post them in new threads and mark them for my attention.