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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Consent Order Query

  • Angiebmw
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15 Jan 23 #520438 by Angiebmw
Topic started by Angiebmw
Hello,

Thank you in advance for any assistance here! I’ll try to be as brief and concise as possible.

I’m in the Consent Order process and need advice on what financial information is required to show please.

In terms of debts and liabilities, my ex-husband is awaiting sentencing and, as well as prison time, he’ll also have a fine/s and restitution to pay. He agreed to a Plea Deal with the prosecution.

Does the amount of his fine/s and restitution have to be listed on the Consent Order paperwork or not?

My ex-husband is refusing to input these details and, I feel it’s important they’re stated. My ex has always said there’s a chance that the authorities might look to me to pay these fines and restitution or some proportion of either by way of cash or a lien on my house till all debts are paid.

This is grossly unfair if true, I’m not the one convicted and, his arrest and subsequent conviction is the reason for my filing for divorce. My Decree Absolute came through November 2021.

I had no idea about any of this until the authorities knocked on the door. I would never have married him had I known yet, I now know he knew this would come about before we married.

It’s been a short (5 years) childless marriage. I bought the house whilst he was on federal hold (but out on bond) in the USA (he’s American).

I’m a U.K. citizen and bought the house with my own funds I had prior to marriage. It’s in my sole name and, he’s been on federal hold for over 4 years of the 5 year marriage and, we’ve never lived in this house together.

The first 9 months of marriage we lived in my rented house. After the 9 months, he was enforced to leave the U.K. and return to the USA.

If he doesn’t list the fine/restitution, the Judge won’t know anything about my situation or why I divorced him. Further, if he doesn’t list, I feel I’m vulnerable to the US Department of Justice and, if I’ve signed the Consent Order as my ex wants it and, the US government pursues me for my ex’s debts, I won’t be able to claim or make an application against my ex and I’ll be potentially left to pay up.

I’m already having to pay him a decent amount in the Consent Order (long story) so, he’d have already received that but, I could be made to pay more for his fine/s and restitution after he’s sentenced, which is scheduled around July this year.

This in my mind would make the current Consent Order completely unfair against me.

My ex has also suddenly announced he’s got a rather large amount of other debts too. They’re nothing to do with the US government or his crimes but, he’s absolutely listing them. I don’t believe these debts are true whatsoever and, he’s fabricated them to make him look more in need in the eyes of the Judge.

The fact that he’s retired and has a lifetime monthly income by way of military pension of £5k, he earns way more than I and, I have to work full time, where he doesn’t have to lift a finger. He’s no house and lives with his mother free of charge.

My ex suddenly has only a bit of cash now and no assets. These assets he said he had during the marriage but, post divorce, he no longer has or says he never had, so more lies there.

It makes sense why he’s been convicted of bribery and fraud. Something I guess he won’t want the Judge to know. Surely the Judge would be interested to know this and, surely the Judge would understand my concerns here.

I hope the above makes sense. I’m almost brain frazzled with this. I’ve had the marriage and divorce from hell.

Many thanks.

  • hadenoughnow
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20 Jan 23 #520476 by hadenoughnow
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If you are divorced and the house is in your name, I cannot see how any future claim could be made against your assets.

The reasons for the divorce do not, as a rule, have any bearing on financial settlement. Have you had legal advice on your agreement?? I would strongly suggest you invest in a fixed price legal financial consultation. Have a look at the services tab.

Hadenoughnow

  • Angiebmw
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20 Jan 23 #520477 by Angiebmw
Reply from Angiebmw
Hi Hadenoughnow,

Thank you so much for your message.

Yes, I have a solicitor regarding this but, the federal case issues in the USA isn’t her field of expertise so, can’t assist. I have asked a few legal people about this and, although they can’t guarantee that the US government won’t pursue me, they think it unlikely.

I still want to know though if he should list his fine/restitution amount on the Consent Order. Further, his apparent debts, though non-matrimonial, are utter lies to show him as in need, which is why he’s listed them.

Further, these apparent debts I knew nothing about until Consent Order commenced and, these debts include borrowing from hid mother to buy me gifts. Gifts I knew nothing about until receipt of and, I’d know idea he was borrowing…he had his i money apparently !

I’m tired of his lies and tactics. I want rid ASAP but only when I’m comfortable there’ll be nothing further from his whatsoever when the Judge seals our Consent. I hope the Judge seals it anyway.

Many thanks.

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