BPDFamily.com

So I’m currently awaiting the financial settlement aspect of my divorce.
I’m not in the US, and over here I am at a stage where I can finalise the divorce at a click of a button online and it will be finalised within 48hours.

I’ve realised a few mistakes made by my solicitor in a consent order agreed with my ex that the agreement is unfair and places me in a position to lose out on the shared equity in the property.

I made an offer to my ex but that offer was dependent and reduced by the mortgage arrears accrued.
I had instructed my solicitor to draft an order reflecting the offer made and the condition stated above. I also requested that the order stated the mortgage arrears be deducted from stbxh share of the equity.
It was a simple request but my solicitor found it difficult to understand and she drafted the order with my offer but did not add any wording to protect my share of the equity.
Unfortunately, I was in the middle of several professional examinations at the time and didn’t follow up adequately- I didn’t check my request against the draft that was submitted and the judge has approved the consent order.
The consent order is only legally binding after the divorce is finalised- thankfully I refused to apply to finalise the divorce when my solicitor recommended that months ago.
My stbxh has continued to be financially abusive from the time the consent order was signed to date ie under 6 months ago, he’s gone ahead accrued 3x the initial mortgage arrears. By the statements he provided  days ago, he literally stopped paying the mortgage and for this year alone he’s not paid for 4 full months- three consecutive months, then two half payments.

At this point I’m pondering whether it might be better for the bank to repossess the property and kick him out- that way he can stop reducing the equity in the property. Although it will be auctioned off at below market value but at least he can stop accruing more arrears.

I was considering making an offer to the bank to delay repossession but now thinking I better expend  my limited energy and resources getting the consent order set aside or amended.
I’m really pissed off that my solicitor didn’t draft the order in my best interest and feel guilty that I didn’t think of cross checking the draft against my initial request.
Any thoughts?

The court ought to agree - not that it will - that in the time since then the circumstances have changed and solely by ex's lack of making expected payments.

Your lawyer probably won't want to look like a clutz, but amending the order makes sense.