FA-FDR - I have lost everything

"........the judge simply stated that she would push this through, "
What does that mean? - will you have to write to the court for a Final Hearing date?

DIY,

By definition, one cannot have a Consent Order without one's consent and that is given by signing it. So no signature, no consent order. Maggie is right.

As you haven't signed anything DIY, there is nothing to appeal against.

A consent order becomes binding on signature and comes into effect on pronouncement of Decree Absolute.

If you do not consent to an order DIY, then it will go to a final hearing. That is what the final hearing is for.

Again I say, back up your offer with specific case if you possibly can.

Best wishes,

YA

Good Luck DIY

Sorry to hear the outcome of your FA/FDR, you must be very disappointed. I think it would be a good idea not to react too quickly and let things sink in a bit before deciding what to do next. Emotion hurts the wallet.

Be careful of a minefield. Strictly speaking an appeal can only be made against an order that the court has imposed and if a consent order is not fair or just you need to ask the Courts permission leave to apply to have it set aside. The grounds for setting aside a consent order are non disclosure of material facts, fraud and misrepresentation, supervening events and undue influence. Having said that the consent order hasn't been signed yet but if you made an undertaking (ie a promise to the court) to agree the CO and don't it might be construed as contempt of court.

DBNO is right about costs, it is usual to agree not to pursue costs if you do not defend the divorce petition. However, there aren't many assets involved here and the court proceedings have to be proportionate so pursuing unnecessary hearings could be seen as litigation misconduct and the Judge is right in saying you could be ordered to pay costs. So you really need to think before you leap and go about things the right way.

This brings us back to the settlement and it would be useful to know what the Judge meant by they wouldn't order anything. Does this mean you retain your pension, the car, the FMH or savings in your name?

So if the consent order comes from her solicitor, there will therefor be some automatic procedure at that time which i can follow that will allow me still to get to an FH within the documents?

Will the court automatically issue a FH date? Or will i need to request it seperately after recept of the consent order draft?

You guys rock by the way...........

Fiona,

point taken regarding contempt of court. My one question is as follows:

My understanding is that an FA cannot be moved into an FDR (which it was) without a Decree Nisi having been issued? Is that correct? If it is correct, then surely the meeting yesterday was just that.....a meeting! I only relised this after going through my wifes solicitors e-mails where she mentioned it..........

I did make an undertaking, but i was not thinking clearly after being told that the court would recommend that i get nowt. Furthermore i had forgotton that they had said they would not pursue costs, and only found the e-mail from her solicitor regarding F to FDR but no nisi last night. To be honest i was really feeling the heat and reacted incorrectly........

The settlement would be that i retain my car my pension (value £2000.00 in all) and the debt accrued throughout our married.....(basically to cover school fees) my wife on the other hand keeps all the bonuses she has recieved which were due to settle our debts......she out earns me by a huge margin and her b/f covers all expenses.......so basically i get a load of debt....

Please go to the beginning of my thread which shows my reasons for the appeal (which i may or may not need to make)

Sorry fiona, not the beginning of the thread, but my posting on page 4