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Hi All,
I'm lookig for a bit for advice about how to complete the application for a financial order.
I have my decree nisi now, I have found Form A to complete but one of the questions is as follows
"Are you applying for an order by consent in terms of written agreement (a consent order)? "
I'm not sure how to answer this.
The background is
I was in a relatonship with my ex for over 20 years married for 10. We both work full time - we had a joint account and so all mortgage payments etc we paid equally.
it was however abusive and was eventually why we splt up. I moved out in Jan last year (house was up for sale) I agreed to continue paying half the mortage for 3 months which I did then he paid on his own for two months, then stopped altogether.
The house had sold so we were waiting for completion, which finally happened in Dec (luckily because the the Mortgage co were looking to start repossesion proceedings)
We could not agree on the split of the proceeds of the house as we both owed my mum money and he had started to deny it, so solcitotrs held the proceeds after paying all the creditors off (costing us £150 per month) at one point threatening to pull out of the sale when we had just exchanged!
Luckily he decided that the sale could go through and we wouold fight it out after, as I pointed out that the house was close to getting repossessed and he would probably get nothing if he let that happen.
We finally agreed a split but I really had no choice but to agree - we had a 10k charging order for Ctax over the years that had built up as when we were together he had a massive gambling problem and would lose money then ask me to cancel direct debits and alwsy said he would catch up (he had a second job as a taxi driver) but this would never happen and over the 20 year we loved there we built up massive arrears which the council got a charging order for - he claims he knew nothing about it even thought we both got a decsions form the court seperately.
But anyway basically the proceeds of the house paid that but he wanted 5k from my share as he said it was my fault and also for me to give him half of the two mortgage payments he made after my agreed 3 months, and also to pay something towards his solicitors costs that he incurred as I took out a non molestation order on him as we were forced to co habit the house and he was being being verbally abusive and verbally abusing my family (i have proof of all this)
I had no choice but to agree - I have all the emails to show our negotiations which consisted mainy of threats to let the solicitors keep the proceeds etc and I would have to take him to court etc.
So I feel like I was coerced into agreeing a very unfair split, in which he received 37k and I recieved 11k all in order to get the debt ot my mum paid. I don't feel like I should be paying anything towards his solicitors cost for defending the Non Mol (I did not need a solicitor to apply - he didn't really need one to defend )- that was his choice so why is that my problem, and the 5k towards the ctax debt is his and he did know!
But the question asked "Are you applying for an order by consent in terms of written agreement (a consent order)? " How do I answer this? and is there anything else I need as I cant see where in Form A i put what lump sum I;m looking for?
Any advice welcome please!
I'm lookig for a bit for advice about how to complete the application for a financial order.
I have my decree nisi now, I have found Form A to complete but one of the questions is as follows
"Are you applying for an order by consent in terms of written agreement (a consent order)? "
I'm not sure how to answer this.
The background is
I was in a relatonship with my ex for over 20 years married for 10. We both work full time - we had a joint account and so all mortgage payments etc we paid equally.
it was however abusive and was eventually why we splt up. I moved out in Jan last year (house was up for sale) I agreed to continue paying half the mortage for 3 months which I did then he paid on his own for two months, then stopped altogether.
The house had sold so we were waiting for completion, which finally happened in Dec (luckily because the the Mortgage co were looking to start repossesion proceedings)
We could not agree on the split of the proceeds of the house as we both owed my mum money and he had started to deny it, so solcitotrs held the proceeds after paying all the creditors off (costing us £150 per month) at one point threatening to pull out of the sale when we had just exchanged!
Luckily he decided that the sale could go through and we wouold fight it out after, as I pointed out that the house was close to getting repossessed and he would probably get nothing if he let that happen.
We finally agreed a split but I really had no choice but to agree - we had a 10k charging order for Ctax over the years that had built up as when we were together he had a massive gambling problem and would lose money then ask me to cancel direct debits and alwsy said he would catch up (he had a second job as a taxi driver) but this would never happen and over the 20 year we loved there we built up massive arrears which the council got a charging order for - he claims he knew nothing about it even thought we both got a decsions form the court seperately.
But anyway basically the proceeds of the house paid that but he wanted 5k from my share as he said it was my fault and also for me to give him half of the two mortgage payments he made after my agreed 3 months, and also to pay something towards his solicitors costs that he incurred as I took out a non molestation order on him as we were forced to co habit the house and he was being being verbally abusive and verbally abusing my family (i have proof of all this)
I had no choice but to agree - I have all the emails to show our negotiations which consisted mainy of threats to let the solicitors keep the proceeds etc and I would have to take him to court etc.
So I feel like I was coerced into agreeing a very unfair split, in which he received 37k and I recieved 11k all in order to get the debt ot my mum paid. I don't feel like I should be paying anything towards his solicitors cost for defending the Non Mol (I did not need a solicitor to apply - he didn't really need one to defend )- that was his choice so why is that my problem, and the 5k towards the ctax debt is his and he did know!
But the question asked "Are you applying for an order by consent in terms of written agreement (a consent order)? " How do I answer this? and is there anything else I need as I cant see where in Form A i put what lump sum I;m looking for?
Any advice welcome please!