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Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
That should be fine for the judge to revisit this though it's up to the judge and a couple of other factors.
The key issue is one of fairness and to ensure both of you have disclosed everything - a red flag for the judge would be the omission of the dividends as you are each supposed to have made full and frank disclosure. Plus, judges generally want to see that you have each taken legal advice as to the terms of the agreement.
I am not sure if you have or haven't done this - if not then this company could do it for you : http://www.divorce-online.co.uk
There are other choices and indeed a law firm could offer the legal advice - thought the above seem to offer a low fixed fee which seems reasonable.
In terms of the order, the fee is £50 though you also need to enclose a financial statement to accompany the consent order (both of you). This is known as form D81 and a copy can be located here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866780/d81-eng.pdf
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
My pleasure, thanks
The judge will want to know you have both taken legal advice as currently it is not a level playing field, which is the judge's concern. My recommendation is you take legal advice upon the proposed settlement. Then tell the judge you have done so and you are happy with the terms. I can't say what they would order - a consent order is legally binding so if the judge agrees, the consent order is then binding on you both. if the judge knocks it back you will have to revisit the proposed settlement and try again, to get the judge to agree.
Ultimately if there is no agreement you may have to go though the court proceedings (financial remedy proceedings) and the judge will make an order at that point though it is much better (and cheaper if your ex has a solicitor involved) to try and agree matters now.
yes, the judge is much more likely to approve it if you have both taken legal advice and the order is correctly worded - it does need to be drafted by a solicitor (not sure if yours has already but you said it was reviewed by a solicitor). No, the judge would not order for court proceedings, it just means the terms of agreement for the finances have not yet been approved. You can apply for the consent order to be approved either before decree absolute is applied for (recommended) or afterwards though bear in mind even after divorce the ex could come back at a later date and look for a share of your assets so it is important to try and sort this out now rather than later.
You don't have to transfer anything at this point, no. Not until and unless it is stated in a consent order. Until then, nothing is set in stone.
If they ask then yes, you provide proof. The terms of a consent order generally say what will happen in the future though.
Hi, the judge will just look at the terms of the consent order to check whether it is fair or not. They would not get involved in the dispute unless one of you involves the court in the dispute with financial remedy proceedings. I hope I have answered the question of whether the judge is likely to grant the terms of the new order - let me know if not. Thanks
My pleasure, thanks and have a good evening. Jim