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General Form of Order - Ancilliary Relief

  • Mr Container
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2 weeks 3 days ago - 2 weeks 2 days ago #514416 by Mr Container
General Form of Order - Ancilliary Relief was created by Mr Container
Hi Folks,
A little background.
Myself and my ex wife split up in July 2018, we started divorce proceedings in Februaury this year.
We got Nisi in June iirc and my ex's solicitor derw up a Proposal for the Consent Order & Clean Break. I let my solicitor look over it and with a couple of small amendments, we ( my ex and myself) are both happy with it. We're still good friends, this is all very amicable, there isn't any acrimony, and we are both genuinely happy with the details of the Consent Order.

The bare bones are she'e staying in the matrimonial home with our grown up kids (22 & 21)
There's about £160k equity in the property and £40k o/s on the mortgage.
I have a small pension fund of about £85k, possibly less now with the stock markets and covid.
I want her and the kids to stay in the house. So does she.
We've agreed that she can have my half of the equity in the house (circa £80k) and take on the £40k mortgage.
I'll just keep my pension. I'm 53. I have no savings, shares, isa's etc as I've used them to clear a fairly significant familial debt.

The Courts in Liverpool rejected the Consent order twice (for no really obvious reasons) and it's now gone to the Courts in Coventry, where the ex lives.

Today she recieved a General Form of Order - Ancilliary Relief.
It's not really in "Plain English" and doesn't really explain clearly what exactly we're supposed to do now. I think we have to supply contact details for a BT Meetme or similar telephone call.

We both just want the court to ratify the CO & Clean Break and so she can get her mortgage and we'll move on.

What are we supposed to do now and what can we expect from the hearing ?

Thanks in advance
Last edit: 2 weeks 2 days ago by Mr Container.

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  • hadenoughnow
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2 weeks 2 days ago #514424 by hadenoughnow
Replied by hadenoughnow on topic General Form of Order - Ancilliary Relief
It sounds like the judge is not satisfied that the agreement is fair to both of you. Normally there would be a short hearing at which the judge can ask questions about the agreement. In the current climate this would be a remote video or telephone hearing. This would appear to be what the order is about.

It is unusual for one party to keep pension and the other to retain 100% equity. However we don't have the full financial picture so it is impossible to comment on the agreement. Bear in mind though at financial settlement on divorcd is about needs. The judge would have to be satisfied that your respective needs for housing and income, now and in the future, are being met by the agreement.

Hadenoughnow

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  • Mr Container
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2 weeks 2 days ago - 2 weeks 2 days ago #514425 by Mr Container
Replied by Mr Container on topic General Form of Order - Ancilliary Relief
It'd be hard for us to sort it any other way. She can afford the Mortgage but not much more. I'm happy for her to have the house, she loves it and the kids have lived there their entire lives. She can't afford to buy me out. I'm ok with that. So she has the house. And I keep my meagre pension. I'm also happy with that. I can't see them saying it's not fair towards me..... so the only other option is that she has the house AND some of my pension ... which doesn't sound fair to me.....
Last edit: 2 weeks 2 days ago by Mr Container.

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1 week 4 days ago #514502 by hadenoughnow
Replied by hadenoughnow on topic General Form of Order - Ancilliary Relief
Another option is that there is a charge registered against the house for a percentage to be paid to you on future sale once the children are able to be independent.

This is called a deferred charge or mesher order.

If you have had solicitors involved they should be able to advise - or have you just used a drafting service for the consent order??

Hadenoughnow

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