need advice with consent order

sanova76

Hi,


I'm in the process of getting a divorce.

Ex asked to fill in a consent order form. There's a bit a not sure about. I need to declare my income including benefits I receive. My son is in receipt of DLA but obviously the money goes into my account. Does it consider as my income or not?


Can anybody recommend an affordable online consent order please? My local solicitor charge £1000 plus whilst online (quickdivorce) is about £139 up but I need to make sure they cover everything?

Many thanks.

San

Tigsteroonie

Normally you complete finance forms (the infamous Form E) to list income and outgoings, as part of the negotiation process.

The Consent Order comes at the end of that process, and can be drawn up by either party so long as both sides agree to its contents.

Are either of you being guided by legal advisors? I'm wondering if your XH is asking you to do the wrong thing. I'd suggest posting over on Wikivorce for more detailed discussion.

(Whether you list your son's DLA as income is up to you. Strictly speaking it's your son's income; but if you don't include it, you shouldn't then say you have a higher level of monetary need due to supporting your son.)

pphillips

It's always more expensive when you can't agree. Best to contact a local family mediator so that you can both try to come to an arrangement that can be formalised by your solicitor. £1000+ just to formalise an agreement is way too much. I suggest you shop around and make it clear what you are asking for.

sanova76

Thanks for the reply.

I assumed the form I'm filling now is the finance forms where I need to list my pension, income, debt, property etc.

From the form I can see he obtained it from https://www.divorce-online.co.uk. Neither of us seek legal advice because we can't really afford it. The only problem is we have a joint mortgage but we both agreed I can stay in the house with my son and pay him a lump sum.

I just want a clean break to basically say we agreed I can keep the house, I pay him a lump sum and he won't ask for anything else.

I'll post in the wikivorce later.

Tigsteroonie

You have a house and a child ... I'm not sure you should be doing this without legal advice. Do either of you have savings? What about pensions? How would you fund the lump sum - and what happens to any increase in equity after that? How will it work when he wants to buy another house but cannot because he's still on the mortgage of your house? Can you keep that house until your child is 18, 21, or 22?

All things you will need to consider (rather than answer me, I just putting thoughts forward!) Definitely head to Wikivorce, they know more over there (unless T'Bagpuss pops along and sees this thread, he's pretty good!)