Hi all,
My husband and his ex-wife divorced over 10 years ago. I know this is far too long ago to change anything, but just wondering about the legalities of things.
His ex fooled around and left him in the home with the 2 children of the marriage so he asked for a divorce. She was not too happy about this, so she came home and kicked him out. Just after the divorce, she decided that they should do the property settlement by consent orders and not involve solicitors.
He had a property prior to meeting and marrying her. They lived there for a short time before selling that property and using the small proceeds as the deposit on another home. He also had a vehicle and earned more than her; she brought no car or assets to the marriage; which lasted about 5 years.
She had him sign a paper containing one small paragraph and told him its purpose was to take his name off the mortgage. He signed and dated this paper. This woman has been causing us grief for many years and he applied to the family court recently to see what the consent orders stated.
The "Minutes of the Consent order" just stated that he transfers all this rights and titles to the property of the marriage and agree that his name is to be removed from the mortgage. I know, very dumb of him not to read or fully understand what he was signing. But he doesn't think the entire clause was on that piece of paper at the time of signing.
She submitted this "Minutes of the Consent order" with Attachment A. That is all, no application or other paperwork.
My question is, as these consent orders were signed but not witnessed, no legal advice was sought or given, and it resulted in an actual property settlement of $0. My hubby walked out of that marriage with nothing but his personal affects; she got the car, the house and all contents. How could these orders be considered fair & equitable?
If the tables were turned and he was giving the wife $0 I am sure the orders would not have been sealed.
Sorry for the long post.
My husband and his ex-wife divorced over 10 years ago. I know this is far too long ago to change anything, but just wondering about the legalities of things.
His ex fooled around and left him in the home with the 2 children of the marriage so he asked for a divorce. She was not too happy about this, so she came home and kicked him out. Just after the divorce, she decided that they should do the property settlement by consent orders and not involve solicitors.
He had a property prior to meeting and marrying her. They lived there for a short time before selling that property and using the small proceeds as the deposit on another home. He also had a vehicle and earned more than her; she brought no car or assets to the marriage; which lasted about 5 years.
She had him sign a paper containing one small paragraph and told him its purpose was to take his name off the mortgage. He signed and dated this paper. This woman has been causing us grief for many years and he applied to the family court recently to see what the consent orders stated.
The "Minutes of the Consent order" just stated that he transfers all this rights and titles to the property of the marriage and agree that his name is to be removed from the mortgage. I know, very dumb of him not to read or fully understand what he was signing. But he doesn't think the entire clause was on that piece of paper at the time of signing.
She submitted this "Minutes of the Consent order" with Attachment A. That is all, no application or other paperwork.
My question is, as these consent orders were signed but not witnessed, no legal advice was sought or given, and it resulted in an actual property settlement of $0. My hubby walked out of that marriage with nothing but his personal affects; she got the car, the house and all contents. How could these orders be considered fair & equitable?
If the tables were turned and he was giving the wife $0 I am sure the orders would not have been sealed.
Sorry for the long post.