My soon-to-be ex-husband and I came to an agreement between ourselves financially and submitted the consent order to the courts to be approved. The judge refused to sign it saying it was too in favour of my husband. I knew at the time I was getting less than I wanted, but my husband was bullying me and I just wanted it over. I wrote (via my solicitor) to the judge to say that I was happy with the settlement. However, the judge will still not approve it and has asked to see me and my husband in court with our legal representatives (i.e. our barristers).
I am pretty annoyed because I already settled on a lower than I could have got offer. As a result of this, I've already incurred about £500 legal costs trying to convince the judge I'm okay with that. It will cost me another £600 to be represented in court and then further legal costs as a result of this (paperwork etc). I've also lost about 8 months worth of interest on my part of the settlement as my husband has kept hold of all the marital assets in his name and all the money is still in his account.
Apparently at this court appearance, it's not a hearing as such, so the judge has no powers to make a higher award to me. He will either want to be convinced that I am okay with the settlement, or possibly say he wants us to adjourn for 30 minutes for my husband and I to come back into the court room with a more reasonable and fair agreement. If the judge refuses to sign it as it is, and my husband refuses to give me any more, we then have 2 options..... go to a first hearing (several thousand pounds cost), or my husband and I can go ahead with our agreement but it won't be offically approved by the courts, which means legally either of us can revisit it, and claim against each other (for example if one of us came into an inheritance for example).
I am coming out of my marriage with barely enough to get myself back on my feet - it will be a real struggle whereas my husband is okay financially. It was only a short marriage, so I was prepared to accept that. However the longer this goes on, and with the court hearing now looming, I'm facing hundreds if not thousands more pounds expense. Already it has cost me several thousand pounds.
Has anyone else been through this? I'd like to hear if anyone else has had to see a judge because he wouldn't approve a consent order, and what happened at the court hearing? I am also thinking of ditching my solicitor, and representing myself now, because frankly, I am powerless in this, with or without a solicitor. And I just can't justify spending more and more money on legal fees when there seems to be no good reason. I am in the hands of the law now, and nothing a solicitor seems to do makes any difference.
Thank you!