Stopping finacial settlement divorce papers

tech2_2

I have had a copy of the above sent to me by my X's solicitor and have given them to my X to pass them back and for her to sign.

I have now noticed that there is a omission that needs to be added and thus in my eye's renders the papers void!!!

What can I do? as I have not used a solicitor.....

Cheers

Tech2

NotSuchASmugMarriedNow

Ask your ex to amend the document.

Or am I missing something here?

tech2_2

I wanted to stop it moving forward due to some information I have just been made ware of...

SO can I stop it?? Think it may have been put in to the court last Wednesday...

tayforth

What's this piece of information?

zzzLazyDaisy

If the consent order has already been sealed by the court, it is probably too late. Is this something can can be amicably resolved between the two of you? If not I suggest that you see a solicitor.

fluffnutter

As you're talking about the finance side of things, I guess this piece of information potentially puts you in a better position than you currently stand to be in once the divorce is finalised. In which case, if you instruct a solicitor you'll probably lose that advantage in fees

tech2_2

If only is was to my advantage......BUT its not it puts me in a very tight situation and not something we agreed....:eek:

Noticed that a certain aspect of the divorce has been altered and the time agreed has been changed by a year in their favour.

And that there is something that is not the TRUTH on the form.. :eek:

IS there now way I can do anything about this and go to the court myself. I'm not using a solicitor.

Tech2

Thanks to all the replies so far :T

zzzLazyDaisy

tech2 wrote: »

If only is was to my advantage......BUT its not it puts me in a very tight situation and not something we agreed....:eek:
Tech2

Thanks to all the replies so far :T

Why did you sign to say you agreed with it then?

Sorry if this seems harsh, but the correspondence from the solicitor will contain a standard note informing you of your right to seek independent advice before signing. They don't do this to be nice to you, they do it to cover situations just like this. You have signed a consent order. You had the opportunity to seek legal advice before doing so, but chose not to. It is no defence that you didn't read it properly, or didn't understand it, or didn't agree with it. The fact is you consented to the order.

If the order has already been laid before the court you are probably stuffed as it is incredibly difficult to get a consent order overturned, for the reasons stated above. If it hasn't already gone before the court you need to move quickly. If it is that important I'd suggest seeing a solicitor and at least getting them to make a phone call for you, but if you are unable or unwilling to do this, then you should phone her solicitor and inform them you are withdrawing consent, and then follow it up IN WRITING immediately, explaining the problem and what you want changing. I suggest that you also take the letter in by hand if at all possible to avoid any delays. However, as I say, if the consent order has already been sealed by the court, you'll need to seek your own legal advice on having it set aside (overturned).

tech2_2

Hi there and thanks for the info and yes you are quite right about being stuffed.

There are 2 reasons why I posted on here.

1. we had agreed to wait 5 yrs until I have to remove my X from the mortgage and this I have now had to agree on 3 but I sorting through some emails I found where I had been copied in and my X said to the solicitor that I should have changed it to 4yrs.. This was in an agreement that I kept the house and my x kept their pension, although I have had to agree to collect a debt from the mortgage provided due to the LTV.... But I though lets just get it ended to be fair:D

2. We also discussed and the paper work went to the court that I would pay X for our daughter and this would be amended as my income increased and as a safe guard my X's solicitor had asked if I would agree to disclosing my P60 if asked for to show that I had not had an increase in earnings and that if I did have an increase I was to inform my x and renegotiate how much I was to pay. If not and my P60 disclosed this then I would have to back pay and then gave my X the right to use the CSA to collect on her behave.

Now we have not got to the absolute as yet when 2 starts and I have been paying 1.5 times what we agreed but she has now got the CSA on my case and we have the agreement go through the court and this has been rubber stamped that they court is quite happy about the arrangements for our daughter and the monies to be paid. So my question is that as this as far as I was concerned was all agreed why wont the CSA accept this? I feel that the CSA has been used to pee me off and yes it has had that effect.

My X refuses to tell the CSA to back off and to be fair I will be a lot better off using them, but its not about the money its about providing for my daughter and having the ease of communication to change things without all this crap.... and the fact that my employees account called me to inform me that they had received a letter from the CSA and that I need to contact my boss. They have invaded my privacy and gone behind my back and I have done nothing wrong..

Just want to sort this out. and I have been informed that I cant stop this but can request suspension till a new decree is drawn up. Is there a particular form I need? and do I do this then email my X's solicitor or do I email them ASAP?

Thanks :T

Tech2

tech2_2

Can any one else shed any light on this and where I stand?

pinkshoes

If you ex has gone against the agreement and involved the CSA, then I'd be tempted to pay the CSA amount, then put the excess aside for your daughter.

I know someone who was paying twice what the CSA would make him, and his (soon to be) ex went to CSA to annoy him (she seemed to be under the impression she'd get more!!) But then ended up with half the amount. He uses the extra to take the two kids on nice holidays!