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Ex now refuses to sign consent order

Posted by Kazjitsu786 
Ex now refuses to sign consent order
July 12, 2022 11:06AM
Hi Terry
I'll try and make this as concise as possible.
My ex and I separated in Sept 2017, divorced completed in July of 2021.
My ex decided to proceed with a consent order, which I agreed to and agreed to paying half of the cost involved.
She later contacted me to say she was no longer going ahead with this as she couldn't afford it.
I notified her that I would pay for the cost of the consent order and we should go ahead as previously discussed which she agreed too.
Now almost a year later she consistently refuses to sign the required form and I'm at a loss at what options are available to me now and whether there is a (expiry) time limit involved as to when I can get a consent order.
Accepted that I will now probably lose all the money I have already paid the company who were to process the consent order.
We were married 10 yrs, have a 14 yr old who lives with her and I pay child support towards and we have no financial ties, property or anything else of financial value.
We are both civil servants with similar annual salaries, however she has recently disclosed to me that she has declared herself bankrupt unsure when she did this or if it affects the consent order but know that she has always had financial issues throughout our marriage (and before).
Your advice is greatly appreciated.
Re: Ex now refuses to sign consent order
July 12, 2022 03:19PM
Whether there is a 'consent' order very much depends upon the extent to which there was an agreement, whether that agreement was broadly fair and what, if any, evidence is available to prove the agreement. To the extent that your ex has clearly not submitted any paperwork to the court there is no consent order. They may possibly be an enforceable agreement depending upon the factors referred to above but it is impossible to know without seeing all the paperwork.

You could bring all this to a conclusion by making a court application. Since that takes time and money whether that is worth doing depends upon what the issues are and what are the risks if no application is made. If you are both civil servants it is probably not quite true to that you have nothing of any financial value because one or both of you is likely to have a pension which may have a significant value.
Re: Ex now refuses to sign consent order
July 13, 2022 03:57AM
Hi Terry
Thanks for the swift response
Your accurate in that we both have civil service pensions.
Any agreement we had to complete a consent order was verbal though numerous texts/whatsapp messages exist to back that up, so it's not possible for her to deny ever agreeing to it.
From my perspective I see this as an opportunity to sever any financial ties to her and thus prevent her from seeking any finances from me in the future.
I want to be able to purchase property in the future, start a business without any fear that sometime in the future she will appear seeking a percentage of whatever I have worked hard to build.
When you say I can make a court application ? Is that an application to the court for a consent order ?
If so will we both require barristers/solicitor for this ?
Can she choose to not appear in court for this / or participate in this?
And if I decide to go this route will I have to bear the total cost myself or can she also be liable for some of the cost.
Forgive my ignorance in these matters and appreciate your assistance.
Thanks
Re: Ex now refuses to sign consent order
July 13, 2022 10:57AM
If you make a court application that application will be to ask the court to determine the financial issues arising from the marriage. Those proceedings could be settled at any time by consent if you and your wife were able to reach agreement but if you could not reach agreement a judge would ultimately decide. The normal rule in such an application is that you each pay your own costs. Like I said, if you have to go down this route it costs time and money.
Re: Ex now refuses to sign consent order
July 14, 2022 01:25AM
Thank you
Much Appreciated
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