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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.


breaking a consent order

  • George222
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31 Mar 12 #320990 by George222
Topic started by George222
I am already divorced, and have paid ex half valuation of house in a seperation agreement, the house is now in my name. After a final hearing, a Consent Order is now in place enforcing a sale of the house as she is entitled to about another £20,000. Surely I cannot be forced to sell the house just because she is jealous I am in the FMH.If i have 2 valuation letters is it not reasonable to pay her what is owed from the current market value and keep the property?

  • jonathancj
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02 Apr 12 #321160 by jonathancj
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Did you actually consent to an order that the house be sold? If so, I''m not really understanding how you now think that it shouldn''t be. Am I missing something?

  • George222
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02 Apr 12 #321314 by George222
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Thanks for your time. We had a seperation agreement 18 months ago, in which it said i would finish an extension on the house, then sell. I took out a mortgage and paid the ex half the value of the house, but she also took all the money out of the account that was to finish the extension. In the final hearing last month, the judge said he would go by the seperation agreement for the Consent Order and that the house should be sold to pay the ex what was owing. I have no money to finish the extension and am obviously not going to spend all my money and time on it for her to profit. If i sell the house at what it is valued now she would be due another 25,000. I am hoping she will accept an offer but feel she will cut her nose off to spite her face. Are my hands tied if she won''t accept the offer?

  • hadenoughnow
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02 Apr 12 #321318 by hadenoughnow
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George,

If the judge made the order at a final hearing then it isn''t a Consent Order, it is a court order.

Did you suggest in court that you would raise the additional amount to pay her? How did the judge react?

Were you represented?

Hadenoughnow

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02 Apr 12 #321322 by George222
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Sorry yes, a court order. I was represented by a barrister on the day who offered 10,000, which she refused, so the judge said the house must be sold to pay what is owed. In hindsight the barrister should have put forward the suggestion of raising the extra money but didn''t.Yes i have been represented, but not very well and with little input from myself.

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02 Apr 12 #321327 by hadenoughnow
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The next question then must be how much she is in fact owed. Was a house valuation agreed in court?

TBH I cannot see why it should not be possible to just give her what she would get if it was sold ...

Of course the only real valuation is the price that someone is actually prepared to pay ... and that could be less than she thinks.

Hadenoughnow

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03 Apr 12 #321520 by George222
Reply from George222
As the ex questioned the value of the house in the proceeds, a valuation was asked for via a judge (270,000) prior to the final hearing. In the final hearing the judge said that the first 130 would go to myself, 90 to the mortgage and the rest to be split, which after costs would be about 20,000 each.I have had another valuation done since, which states the same value.I have been told by my solicitor to put the house on the market so i am not in breach of my court order.
thanks again for your time,
George

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