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Consent Order Dilemma

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Msgigglesx2 | 18:29 Fri 17th Dec 2004 | Business & Finance
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Recently divorced from my husband, we agreed a consent order would be the way to settle our financial differences amicably.  Having known and trusted him for 23 years and also being in a mess both finacially and emotionally I signed.  However, it has been brought to my attention that I am paying a �17000 loan that is solely in his name and I have never seen let alone agreed to, nor has it gone in anyway towards our old marital home or joint debts.  Is this consent order I have signed final? Or is there any way I can have it re drawn up or amended? I know this is my own fault blindly letting him talk me into it, but between him and my solicitor I feel I have been hoodwinked.

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It means returning to Court. Consent Orders intended to be final can be set aside where (1) the order had been made on an erroneous basis of fact or (2) there had been a subsequent material or unforeseen change in circumstances invalidating the basis of the order. If your statement can be proved to be true your situation clearly falls under (1). 

In order to obtain a consent order you would have had to fill in a form giving short details of your finances. The consent order itself would have to spell out who gets what and who pays what. It is difficult to see how you could be paying a loan in your ex husbands name without having actually agreed to it. If the arrangement was not part of the order then you would have no liability to pay it at all.

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