Consent order.

After some advice please.
My ex is keen to have a Consent Order signed then obtain Decree Absolute. We have previously both had solicitors however thought we reached an agreement.
I was given the proceeds of the family home. He kept his pension, both equal approximately the same amount.
There were discussions around a large amount of shares he owned which he said he lost when his company merged. His updated form E disclosed he was able to cash in £50000 in shares this year, these shares were awarded whilst still married. The rest are gone. He said the shares were used to pay back his mother as he obtained a loan to buy a property as he had no liquid assets.
There was previously money equating to 40000 which he hid from me whilst married, hence why I don’t trust him.
My question is, if I complete consent order can I ask the judge to look if the split is fair or will that be down to there own discretion.
We have one child under 18 and a disparity of income of £150000, ex being the higher earner. Married 18 years together 27.

I am only asking for 50% although I’m sure it would be more due to the disparity in incomes.

Thank you

You cannot rely on the judge who is asked to rubber-stamp the consent order to check it is fair. Ideally they should pick up discrepancies but it is not certain they will.
Any agreement should be based on full financial disclosure and a fair division of assets.
On the face of it what you are describing does not seem at all fair. We would need to know more about your circumstances to advise better but if he has £50k cash ( or is it more?) that allows him to meet his housing needs plus his pension that matches the FMH equity, that's more than 50% of the assets. The fact that he borrowed it from his mother and then paid it back is irrelevant; he has still had £50k of matrimonial assets.
I would expect some kind of pension share and probably for some of the capital to be treated as capitalised maintenance or for there to be a maintenance order of some kind.
You may want to book a fixed price legal financial consultation to check the settlement in light of all the figures.

Hadenoughnow

Thank you.

I initially received £300000 which was the proceeds of the house sale. I bought a property with a mortgage of £165000. I earn £21000
Ex has a similar sized house. He borrowed money from his mother for his deposit.(£100000) Made it a legal document then managed to pay it all back within a year. My suspicions are it was a gift and he has paid it back and his mother will put aside until a later date. His argument is we have been separated for 2 years now and any money he has spent is irrelevant. The shares he received this year (£50000 and £30000 bonus) went to his mum with £20000 in his savings. This is all clear on his bank statements
My pension is £45000. His is £300000. He earns £175000
I was happy to go ahead and sign consent order, just want it all over with however for the 2 nd time there are shares I wasn’t made aware of, just makes me wonder if I’m doing the right thing.
I’m 49, he is 51.

The difference in incomes alone is reason to move away from 50/50 but you also need details of these shares or share options before you can come to an agreement.

Who does your child live with the majority of the time? Is maintenance paid?

Thank you.
Daughter spends 10 days a month with dad rest with me. We also have 2 other children 22 and 18 but know there not included.
The problem is ex says as I got £300000 cash and his assets are in pensions it’s not the same.
We we’re going through solicitors as there were shares equating to £270000. These have now gone and the only proof is the statement from stock company however he failed to tell me he cashed in £50000 before the merge date. I just think it was rather sneaky. I cannot afford solicitors going forward.
My form E will show assets of around £120000 to include pension and equity in the home. His shows £400000 with pensions and equity.
Will a judge consider the financial split from when we separated in 2021 or look at the assets at todays date.

Sorry yes maintenance is paid £400 more than government guidelines.

J I’m have now received a letter from his solicitor today giving me 7 days to reply or Ex will
Apply to court. Also, Ex will cut my maintenance by £800 per month