Judges decision

Hi- I am divorcing my husband of 8 years due to adultry on his part! I have a solicitor he has chosen not to have one. We have in four weeks been able to agree everything from financial Consent Order, children arrangements etc. Due to our child he has been agreeable to most of my requests and just wants a lump sum to enable him to start again, I have limited borrowing so either he gets a small lump sum and I take over the mortgage or he goes after more which would cause the home to be sold. This has now gone to court - does anyone have any advise on if we both agree would a judge interfere or would they just say if both are agreeable then why stir things up? The court have asked for Child benefit and tax credit details before serving petition on him so an just getting abit twitchy!

Hi Maccie

Gonna bump your post up.
Would a judge interfere a judge would make sure it's fair and the priority is the housing needs of any children under the age of 18.

Hopefully someone else will respond to your post

Could you just clarify something here.

When you say it has now gone to court, do you mean that you have filed a consent order for the judge to pass or that you have had to file for Ancillary relief because you cannot agree on the size of the lump sum?

I cannot see that if it is a consent order that there would in fact be a choice because the judge would not make that decision surely, which is why we go through AR.

Regards Sarah

Hi - to clarify we have agreed a lump sum together this has been put in the consent order which we have both signed and was submitted with petition and children arrangements. its all very amicable on our parts so would just be a headache if the judge queried it? Any advise would be good.

if the consent order is approved then I am able to pay him lump sum and take over the mortgage and keep me and my son in the family home, due to my salary I can take on our current mortgage plus lump sum, but if a judge ruled I had to pay more then I would not be able to borrow and take on the house.

If the agreement is fair and will work it should be OK. The main concern is the provision for the children and the PWC not selling themselves short. Often when a solicitor hasn't submitted the consent order the judge invites both parties to court to satisfy themselves about the specifics of the case.

Hi Maccie

A judge very very rarely refuses to sign off a consent order. He may question the specifics either in writing or inviting you both to a 10 min hearing, but all he is doing is ensuring that both parties know what they are agreeing and understand that it is final and binding. Once he is satisfied of that, he is highly likely to grant the order.

Amanda

Hi Maccie,

My ex and I managed to agree a consent order, neither of us having a solicitor. but we sent it off saying we had had the benefit of legal advice (mine was not to do it, lol!) and lo and behold it was endorsed by the court without a hearing or any queries from the judge.

So please don't bite your nails and remember that your solicitor's advice is just that. It is up to you to make the decisions and if the two of you think it's fair, or even barely acceptable, then it is up to the pair of you.

Best wishes for success!

YA