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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

D11 form self representation

  • Jusstuart2027
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20 Mar 24 #522750 by Jusstuart2027
Topic started by Jusstuart2027
Morning all,

Looking for some advice on the forum please 🙏

I've been going through a difficult separation for nearly 3 years now, and the divorce and the Consent Order for financial matters were concluded in February 2023. However, the matrimonial property went on the market in march 2023, and it's still hasn't sold. Due to financial restraints, I'm still living under the same roof as the now ex wife despite being officially divorced for 14 mths. It's a living nightmare to say the least !!
The local estate agent that she insisted on using has advised on 3 separate occasions in writing that to have any realistic prospect of selling the property, it needs to be reduced by at least £25k to £450k. However the ex wife refuses to do this and only reduced it by £5k to £470k. We have had only 3 viewings in 13 mths, and similar properties in the area are being reduced.
I would like to apply to the Court via a D11 so that a judge can order the sale price to be reduced as per the estates agents advice. The original court consent order states the property is to be sold ' Forthwith ', so I believe the ex wife is in breach as she is causing an unnecessary delay and is being obstructive, would I be right?
I have written to the ex wife explaining my intention to take it back to court if the sale price isn't reduced to £450k. I have now received a letter from her solicitor asking that I give her more time to get mortgage capacity advice and for her to look at potential properties, even though we haven't sold the matrimonial property. Also, the solicitor is suggesting that the original consent order needs to be varied some 14 mths after the court authorised it and neither of our circumstances have altered apart from I've met someone else. The solicitor is suggesting that the ex wife needs a higher percentage of the equity split and the pension split, even though she has 60% of equity and 40% of my pension.

This whole process is making me ill from stress, and I'm concerned that if I submit the D11 to get a judge to lower the sale price of the property, I could end up having the original consent order varied and giving more equity and pension to the ex wife. Is this a real possibility, or I'm I just worrying and overthinking after receiving the bullying letter from her solicitor 🤔🙈.
Any advice on this matter would be greatly appreciated.
Thank you🙏

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