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Hi
This is a first time post in the hope to receive some impartial plain English opinion on my current position.
Background
I went through a protracted and painful divorce which culminated in an Adjudication in Jun 2018.
The Adjudicator issued a final award which was then converted into a Draft Consent Order by my solicitor at that time and shared with my ex in July 2108.
Things then stalled at that point, but I have honoured the financial obligations of the award / consent order (eg maintenance payments, life assurances, health care etc) and the family home was sold and assets allocated in accordance with the order.
My youngest is still 2-3 years from completing his tertiary education which is the latest point where my legal support obligations cease.
The Award / Consent order had a pension share of £100k in my ex’s favour (expressed as a % of the fund at that point in time)
This was balanced off by a charge of £100k in my favour on the home purchased by my ex following the sale of the family home (expressed as a % of the purchase price at the time) which is payable when my son finishes his tertiary education in 2-3 years.
Current Postion
I am keen to get the Consent Order formalised through the court and obtain a Decree Absolute so that there is a clean break in place. I have
I have proposed to my ex that the consent order could be amended to trade the pension share against the property charge so that I cease to have a financial interest in my ex’s property and there will not be the stress in 3 years’ time of her having to sell her house or obtain finance. She has received advice that the equivalent value of the pension is min +20% that cash from a property which I dispute as £100k paid into a pension attracts tax relief.
Discussions have stalled and relationships deteriorated again, and I feel she may be playing delay tactics to avoid having the consent order sealed so there is no clean break
Advice/Opinion Sought
I am concerned about the following issue and hoping to get some advice/opinion from this forum on the following points.
What options do I have to take the current consent into court if my ex is refusing to engage any further?
Is the proposal to vary the consent order draft to show the pension vs property trade going to create confusion and potentially open up the whole basis of the order for review?
If my ex does re-engage positively, can anyone recommend a route/firm that would provide the more cost effective and swiftest route to taking the existing draft into the court process?
Thanks in advance of any input.
Hi,
There are mediators that can manage the whole process, including having consent order sent off to court for approval. Courts expect parties to attempt mediation first. Mediator will tell you what your options are if you can't come to an agreement. You can try circle mediation:
Thanks Bill. I will test that one but we tried and failed mediation in the past. I think I will be left with an impasse so will probably need a solution that forces the issue into court if that makes sense?
Yes if mediation was tried recently and failed, then you can make application for financial remedy https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order
Thanks again Bill. I note the the Form A needs to be accompanied by a Form D81 Statement of information for a consent order
in relation to a financial remedy which shows respective financial standing pre and post consent order.
This has raised a question in my mind that the consent order draft I have was made 6 years ago and stipulated the allocation of assets and sale of the family home etc that has all happened and I have complied with all the other terms as if it was legally binding. Do you think I need to complete the Form with the pre position being based on 6 years ago before the sale of the home or the current? Or do I need to complete a consent order draft that ignores the elements that have already taken place, eg family home sale?
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