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Category: Family Law
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My ex and I had gave been waiting for a week for a consent

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My ex and I had gave been waiting for a week for a consent order that we agreed on at an FDR hearing to come back from court so we can both sign it and return it to court to be sealed. We still have not received it. What can I do to speed it up?
Good evening and thank you for your question. I'm Jeremy, a solicitor specialising in divorce, separation and financial matters. I'd be happy to help but, firstly, please can you confirm if you and your ex are represented by solicitors? Thsnks, J
Customer: replied 7 days ago.
No we are not.
The court will have a record of the hearing. In most cases, it will take 3-4 weeks to receive a copy of the order made by the court. In the first instance, you could call the court but they will probably tell you it is waiting to be typed up. Can I just check with you that you and your ex negotiated at court and told the judge what agreement you'd reached?
Customer: replied 7 days ago.
we did and I had a direct access barrister. i thought of calling the court.
ex contacted conveyancing solicitors to release capital to us according to agreement and I gave it a go ahead. i hope thus is ok. he has to pay me maintenance. what might happen without a signed and sealed consent order? i also applied for decree absolute yesterday. hope this is ok. can the consent order be reversed if i find myself in hardship and the maintenance agreed on turns up to be ,insufficient?
The direct access barrister should have prepared the consent order for you. It does normally take the court a few weeks to approve an order - nothing happens quickly, I promise you (I deal with courts almost every day).
As you and him have reached agreement and submitted an order, you have what is known as a 'Xyhdias order (agreed but not yet approved). To that extent, its terms are enforceable. If your ex has agreed to pay you maintenance on a certain date, he should continue to do so. He doesn't need a sealed copy of the order to tell him to do so. I hope that helps! J
Customer: replied 6 days ago.
Hello, Thank you for your reply. Yes it is a great help.The barrister just realised she made a ommited a little info on the order and she is going to write to court to correct it under the slip rule. Is it still Ok to apply for decree absolute despite the fact that the draft final order will have to be slightly amended?
I was given a global order which I do not know if it is good or bad. I do not think it is in my favour, I was informed by barrister id I were to vary the CM (at the moment very low) the global maintenance will be varied pound by pound. I do not understand why I was not given SM which needs to be fixed at a certain amount and then have the freedom to vary the CM later from the low amount where it is now? Any ideas?

Hello again. I would wait until the order is granted until applying for decree absolute. If there's a pension share involved, you should wait for a minimum of 28 days after the date the order was granted before applying for the decree absolute. As the application for a decree absolute is a notice of application, it is meant to be dealt with on the same day you apply.

I'm not sure I understand what you mean when you say you were 'given' a global order. My understanding is that you and your ex husband agreed the order. I'm somewhat puzzled that a direct access barrister that you're paying extremely good money for didn't explain this to you. Without seeing a copy of the order (and working on what I recall is the wording in the clause), you could subsequently make an application for child maintenance (a year after the order when the court's jurisdiction lapses) and the CMS would assess how much your ex should pay you. It may mean that, if the CMS decided he should pay more in child maintenance, the global amount would stay the same but the proportion that was child maintenance would increase.

Often, you will say that the amount of child maintenance as a proportion of the order is much greater so it does not affect any benefits you might receive. If it was a greater proportion of spousal maintenance, it could affect your benefits and reduce them on a pound for pound basis. I hope that gives you a general overview. Please let me know if you need any further assistance. Kind regards, J

Customer: replied 6 days ago.
Good morning
There is no pension sharing Order. I applied for decree absolute on Friday late afternoon, if need be I can email them over the week-end and cancel the application.
I sent you the document you have required. Did you get it?
I did not realise I was dealing with a global Order? I thought it was SM. Unless the judge (who turned our fina hearing into an FDR) was giving an indication that it was a global order I do not understand how this came up. Can an FDR judge give an indication that the Order will be global?
Good morning. You won't be able to cancel the application. I didn't get the document but, don't, worry as I don't think it's necessary any more. Yes, a judge can give an indication but it's not binding. You (assisted by your barrister) and your husband reached agreement on the provisions of the order so it will be approved by the court in due course. As I said in my original answer, it will take 3-4 weeks to be approved. Thanks for your question, J
Customer: replied 6 days ago.
Good morning, Thank you. ***** were to address a new question to you For your attention, are you able to check the order and I will send it to you under a new question?
I believe that I've answered this question on a separate question thread so I'm going to close it now. Many thanks for your questions. Please let me know if I can be of any further assistance. Kind regards, J
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