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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.


Court order for division and sale - Scotland

  • Misty96
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29 Jun 12 #339965 by Misty96
Topic started by Misty96
Does anyone know how long this process takes from applying to the court to them implementing the action?

We have a presale agreement in place and have had an offer that satisfies the criteria which I have instructed to accept but my husband has now refused this today at close of play?

Our agreement states that if one party refuses an offer that meets the criteria set out in the agreement the other party can apply to the court for an order for division and sale and the refuser must meet the costs?

My concern is that we will lose the sale if the process is lengthy.

Any experience or advice would be great until my solicitor opens on Monday?

  • Fiona
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30 Jun 12 #340008 by Fiona
Reply from Fiona
That is rather like answering how long is a piece of string. It depends on the complexities. Your solicitor can give a better answer because he/she works regularly with the local courts although not that many cases are actually decided by the courts so it can be a difficult question even for a solicitor to answer.

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30 Jun 12 #340019 by Misty96
Reply from Misty96
Thanks for the reply I just hate the way all the bad news always comes last thing on a Friday.

Having a presale agreement appears to just have been a waste of more time and money then as if it''s contents can''t be actioned within a reasonable time to protect a sale/offer then it''s useless?

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