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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Failure of consent order

  • LinzW
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31 Jul 12 #346405 by LinzW
Topic started by LinzW
Hi,

My Consent Order is unworkable through no fault of my own. Where do I go from here? How do I take the matter back to court?


Thanks

  • WhiteRose
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31 Jul 12 #346407 by WhiteRose
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I''m not sure you can ..........

In what way is it unworkable?

Did you have legal advice before signing and was it your sols who drew it up?

WR

  • QPRanger
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31 Jul 12 #346412 by QPRanger
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Hi LinzW

I am in the same situation though I would say mine was unworkable and unfair!

I have completed a D11 to get back in front of the Court again... though I have been told the judge who did the original order will be the one to look at it again....great.

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31 Jul 12 #346418 by WhiteRose
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There''s a difference between a CO you have negotiated / agreed between you and a Court Ordered one.

Its common that one or both parties may see a Court Ordered CO unfair, but as its the Judges decision I think the only way you can go back is if a crucial piece of information has been overlooked. However I''m no expert - you''ll need someone like Dukey.

WR

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31 Jul 12 #346426 by LinzW
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Thanks Guys!

It is unworkable because basically my ex is taking on the property but the lender will not release me from the mortgage. I have spoken to the lender and while I am on the mortgage I cannot be removed from the title deeds. We therefore cannot have a Clean Break so the Consent Order doesnt work!

We both self rep''d and it was drawn up by a solicitor for me and signed by the judge. There is no clause for what would happen if the mortgage could not be taken on by me ex. I want the ask for the property to be sold now!

Linz

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31 Jul 12 #346431 by QPRanger
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Hi Linz.

My order stated I had to sign the property over to my stbx and she had to use her ''best endeavours'' to transfer the mortgage into her sole name: I''m 100% confident the Mortgage Co. won''t agree to this due to her low and unproveable earnings and poor credit rating. Are you saying that your Mortgage Co. can stop the transfer of the property into a sole name if they are not prepared for the mortgage to be in a sole name?

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31 Jul 12 #346432 by LinzW
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Yes it is my understanding, having spoken to my lender, that while I am on the mortgage I cannot be removed from the title deeds, something about land reqistry restrictions. My ex is arguing that I am in contempt of the agreement as my Consent Order offers me ''indemnity'' from costs so he thinks I should just be quiet! But while you are on a mortgage you are liable for it and if your ex fails to pay they will come after you.

I strongly recommend that you speak to your lender and find out where they stand as you may find that it has to be sold.

L

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