Amending a financial consent order

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martyn.pope13 said:

Yes that said they didn’t handle any appeals or the slip rule so I was left to self represent or pay thousands for the redraft.

i may go to the legal ombudsman though 

I think they need to pay you compensation for not drafting the consent order correctly or give you a refund as a discount for the bodged job.  Make a formal complaint with them and ask that give you compensation for poor work and advice. 

You need to go through this first and let the firm have a chance to redress it before you can escalate to the ombudsman. 

The court does not see this as a small amendment as it is a big asset, spousal maintenance, so unfortunately you will need to pay for additional legal advice to get this appealed.

TBagpuss

We don't know they didn't do it correctly. :Lots of things are recoded on a D81 that don't go into the order and so whether OP has a valid complaint depends on what actual instrcutions they gave.

That said, OP has already been told by the court that this can't be done vi the the slip rule so they will need to follow the indictation the court has given and either do it by way of appeal or rely on their personal agreement and trust that they will both stick to it. 

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TBagpuss said:

We don't know they didn't do it correctly. :Lots of things are recoded on a D81 that don't go into the order and so whether OP has a valid complaint depends on what actual instrcutions they gave.

That said, OP has already been told by the court that this can't be done vi the the slip rule so they will need to follow the indictation the court has given and either do it by way of appeal or rely on their personal agreement and trust that they will both stick to it. 

yes, as I had said, they may have omitted the spouse maintenance for a reason, that they do not think it is a valid payment and would never be approved by the court.  However, the OP said he was never informed of this decision as they should have contacted him and discussed this with him unless it was the ex wife's solicitor who had informed her and she didn't tell her husband and when the draft consent order was sent to her husband (namely the OP) and he didn't see the omission and so agreed to it.

a bit strange that the OP is concerned about the omission as it is in his interest that this is not recorded in the consent order and he himself knows he won't renegade on it, so it is puzzling why it is so important to have this in the document.  Unless I have misunderstood the OP, and he is the wife?

martyn.pope13

Thanks all for the comments, basically yes it does serve me better but I’d like everything to be outlined so no comeback can be progressed, and also my stbx is refusing to request decree absolute until this is on the order, so I’m just trying to keep the peace! Anyway we have since spent the court and they advised to create a D11, amend the consent order and resubmit for amendment and pay an additional £58 for the pleasure, so hopefully this will be an end to the sorry affair.

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martyn.pope13 said:

Thanks all for the comments, basically yes it does serve me better but I’d like everything to be outlined so no comeback can be progressed, and also my stbx is refusing to request decree absolute until this is on the order, so I’m just trying to keep the peace! Anyway we have since spent the court and they advised to create a D11, amend the consent order and resubmit for amendment and pay an additional £58 for the pleasure, so hopefully this will be an end to the sorry affair.

Keep us updated as I would be interested to know the outcome.

VyEu

If you want to amend a consent order, which is want you want to do because you want to amend an existing order, it's a D11 application form to the court. It's not a question of just resubmitting the order. 

Was spousal maintenance mentioned in your instructions to the drafter of the order? If so you might have a negligence claim against them but did they not send you a copy of the draft order before they submitted it? Or the d81?