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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.


Financial Settlement

  • dominoo
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13 Jun 12 #336609 by dominoo
Topic started by dominoo
Hi
I have represented myself in Court and now have Consent Order which instucts lump sum to ex by 20th of this month, whereupon he will provide agreement via his solicitor to transfer the equity of FMH into my sole name (not sure what I need from his solicitor to confirm this will happen but it is in the Court order so thought that it cannot be reneged upon). My intentions were to send the money, get the mortgage redeemed via life policy in joint names of which ex has to have half but I am still awaiting his authority to surrender life policy!!!.Hence deeds to mortgage should be sent to me whereupon I can engage a solicitor (don''t have one at the moment but can you suggest one please)and hopefully get the transfer done. Can you let me know if this is okay to do this way or could there be pitfalls by not taking on a solicitor now.
Thanks

  • LittleMrMike
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14 Jun 12 #336636 by LittleMrMike
Reply from LittleMrMike
I think, quite honestly, you need a solicitor.

Unless I am much mistaken, he is going to receive a lump sum and in return for that, you will have his share in the FMH transferred to you.

These two transactions ( payment of the lump sum and the transfer of his share ) should really take place at the same time.

If you pay now, and don''t get the transfer, you could have considerable difficulties if he starts playing ducks and drakes. I have seen this before.

It''s hard for us at wiki to advise without seeing the order, but technically this is a very simple transaction which really should not cost you more than a small sum and it might well cost you more not to proceed as I am suggesting.

LMM

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14 Jun 12 #336674 by dominoo
Reply from dominoo
Hi
Sorry, I think I have confused matters by calling it a ''Consent Order''. It is actually a Court order so hopefully this makes it a legal thing that he will have to transfer the equity otherwise I take him back to Court???

  • dukey
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14 Jun 12 #336679 by dukey
Reply from dukey
So a Consent Order is when hubby and wife agree and just have it stamped in court.

An order is a judgment made by a judge after a final hearing in court.

They both amount to the same thing, they are both legally binding and enforceable, what Mike says is perfectly correct, if you call the wiki line they can recommend a solicitor who will enforce the order you have.

It can be done without a solicitor if you are happy to do some homework and represent yourself, i would agree with Mike though, at the very least talk to a solicitor who can consider the order and give you the best way forward.

Whatever you do don`t just walk into a high street solicitors and say can you help, you need a specialist family law solicitor with experience.

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