FINANCES AGREED...Almost - what is the next step?

[Nujra Rof]

Hi Everyone,

Me and the STBX are making some progress on the finances and keen to get a consent order for finances drafted asap!!!


I wondered if you kind people on this forum could help answer 3 questions so I can line my ducks up in a row:

1) Neither of us have a solicitor, I'm sure my direct access barrister can draw up an agreement in but is there any requirement for us to have a solicitor? Or is there any risk by not having one for either of us (I am seeking a clean break order so do not want any come back).

2) I can apply for the conditional order at the end of this month, how soon can I submit the consent order for finances? Am eager, as you can imagine, to wrap this up quickly.

3) I have been a bit more generous on finances just to get this through and see an end to this horrendous process! If I make a final without prejudice offer and she agrees, then we draft up an order, can she back out? And if so can ever use it in court because we drafted an order, be it based on a without prejudice offer


Thank you kindly in advance.

 

[Jumper85]

1) My understanding is the consent order needs to be drafted and supported by a Solicitor otherwise you do risk of it being open to challenge or the Judge not approving it. If you want a water tight order, get a solicitor to draft it.

2) Send it as soon as you apply for the conditional order

3) Anyone can back out at any time on a consent order, it's only final at the point the Judge signs it off. It could be submitted to the court and she could contact the court separately to back out. Without Prejudice offers can't be used in court, I'm not entirely sure whether a drafted consent order can be used in court. What benefit would there be to do so even if she did? I can't see there being one.

 

[Nujra Rof]

1) My understanding is the consent order needs to be drafted and supported by a Solicitor otherwise you do risk of it being open to challenge or the Judge not approving it. If you want a water tight order, get a solicitor to draft it.

2) Send it as soon as you apply for the conditional order

3) Anyone can back out at any time on a consent order, it's only final at the point the Judge signs it off. It could be submitted to the court and she could contact the court separately to back out. Without Prejudice offers can't be used in court, I'm not entirely sure whether a drafted consent order can be used in court. What benefit would there be to do so even if she did? I can't see there being one.

1) so the mediator has offered to help us with the next steps which might mitigate this point as we would presumably get it drafted properly (& I don’t know how I can force her to take advice from a solicitor in all honesty)

2) so conditional order can be applied for end of this month so will aim to have it drafted by then and ready to send on the same day

3) that’s worrying as if we draw up a consent order and submit it then she backs out, she will have this offer as the minimum she should get in any settlement if we subsequently go to court - and even though it started as a without prejudice offer, it will now be open.
Any idea how long it takes to get signed off?

4) if I submit consent order and it is granted along with conditional order, am I then good to go ahead and finalise the divorce or should I wait till consent order is accepted?

Thank you

 

[Nujra Rof]

1) so the mediator has offered to help us with the next steps which might mitigate this point as we would presumably get it drafted properly (& I don’t know how I can force her to take advice from a solicitor in all honesty)

2) so conditional order can be applied for end of this month so will aim to have it drafted by then and ready to send on the same day

3) that’s worrying as if we draw up a consent order and submit it then she backs out, she will have this offer as the minimum she should get in any settlement if we subsequently go to court - and even though it started as a without prejudice offer, it will now be open.
Any idea how long it takes to get signed off?

4) if I submit consent order and it is granted along with conditional order, am I then good to go ahead and finalise the divorce or should I wait till consent order is accepted?

Thank you

Sorry on point three I’m only being generous on the finances to get this done asap! If she then backs out and we go court I will be fighting to make sure she gets a lot less and a more fair settlement rather than what I’m offering now; hence don’t want her to use that in future as it started with a without prejudice offer