Can a judge turn down an agreed Consent Order when applying for a divorce?

[mickael28]

My wife and I are thinking a divorce might be the best option for everyone long term.

We've been married 7 years and I've been paying her a really good annual income (salary+dividends) during this time and I've been paying for all expenses, so she doesn't feel she's lost anything financially, in fact she's gain a lot, as she's got a lot of savings during this period when she didn't have any before.

As such, we're discussing how to split assets and she's happy for me to keep 100% of the company and don't split the assets in the company (eg, the cash in it). At present she's a 50% shareholder, so I'd have to talk to my accountant and having her removed from the company (I guess like a gift between spouses which is how I gave her the shares years ago in the 1st place).

My doubt is, if we complete the paperwork and the Consent Order where we agree that I can keep the company and no split needs to be done there. Would it be possible for a judge to turn it down and say that even if my wife and I have agreed to not touch the company assets, I make me split the assets in the company and give her half? or would they be happy with our decisions regarding the company assets?

Has anyone been in a similar situation?

Thanks

[GreenMirror]

Once there is a consent order for ancillary relief it is very rare for a judge to turn that down. There are 3 parts to divorce. Dissolution of the marriage. Child access. And spousal maintenance. Child maintenance was removed in 1989. You only need the dissolution to get divorced - you do not need to complete the other parts. Which is why sometimes years later one divorcee does better than the other and then maintenance is revisited.

So you are probably okay. However do you want to take the advice of unpaid strangers? You can get divorced yourself without a solicitor and child access can be done fairly easily too. Ancillary relief is like tax - its a complicated business. If you want certainty then contact a solicitor.

[LondonPM1]

Once there is a consent order for ancillary relief it is very rare for a judge to turn that down. There are 3 parts to divorce. Dissolution of the marriage. Child access. And spousal maintenance. Child maintenance was removed in 1989. You only need the dissolution to get divorced - you do not need to complete the other parts. Which is why sometimes years later one divorcee does better than the other and then maintenance is revisited.

So you are probably okay. However do you want to take the advice of unpaid strangers? You can get divorced yourself without a solicitor and child access can be done fairly easily too. Ancillary relief is like tax - its a complicated business. If you want certainty then contact a solicitor.

Good advice and dont get married again !!