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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.


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25 Jul 12 #345208 by numpteenuts
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Hi

Im at the end of my tether now. Long story cut short - now divorced and the court order was to sell the martial house. House has been on the market for some time now.

But yesterday we had a cash offer for the full asking price and the Ex wife refused the offer!!!!! Am I powerless - can I do anything ?

The estate agents can not accept the offer as the ex is refusing the full asking price offer. Basically she wants to stay in the house but the court order is to sell.

What can I do ?

Please please help

many thanks

Tony

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25 Jul 12 #345216 by dukey
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You file form D11 with court to get a Directions hearing with a judge and ask it be dealt with urgently, they may agree they may not but its worth asking.

Tell your ex you are having the order enforced and will be seeking costs, have you shown the order to the estate agents?.

Get back into court and make sure sale is by your instruction, not joint.

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25 Jul 12 #345218 by numpteenuts
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thanks for the reply - if I show the estaes the order - should they act on it or not ?

I have all the D11 papers done and going down there shortly to submit them.

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25 Jul 12 #345221 by dukey
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Its hard to say, i do know of one that allowed to offer to go through pending Directions, much depends on what knowledge they have, given anyone can call themselves an estate agent many have none, if they work with solicitors though you have a chance, its worth trying though just so you don`t lose the sale, if nothing else it buys time.

Don`t forget to staple a copy of the order to D11.

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25 Jul 12 #345227 by cookie2
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No, an estate agent will not act on a court order. The order does not concern the estate agent, it only tells your ex what to do, not them.

You should write to your ex and tell her to stop being a douche else you''ll be applying to court for enforcement and you WILL be making a costs claim.

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25 Jul 12 #345230 by dukey
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Cookie, i`m talking about buying time here, enough to get this back to court for an order of sale, the agent can tell the buyer offer refused, sale gone back to square one, or on the basis of the order they can buy time, often a sale will take up to six or more weeks if in the mean time you can get in to see a judge all will be well.

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25 Jul 12 #345236 by cookie2
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True, good point. If the agent tells the buyer that the seller would like to accept the offer and has a court order but ex is being a pain, then hopefully they''ll stick around longer.

But hopefully the threat of enforcement action and a costs order will kick some sense into ex and court action won''t be necessary.

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