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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.

consent orders

  • misspink
  • misspink's Avatar Posted by
  • Senior Member
  • Senior Member
31 Jul 12 #346393 by misspink
Topic started by misspink
my partner went to court and came to an agreement with his wife to pay her a certain figure so long as he could get a mortgage for it. when he applied for it the mortgage was denied. he then said he would put the house on the market and if it sold they would have to come to another agreement, in other words, rather than pay her the figure agreed to at court, she would have to take a 50/50 split on the house. she agreed and now he has been sent a new Consent Order to sign. however he does not know if he has to sign it as he was thinking that if his credit rating comes back up he will then be able to get a mortgage and pay her off. he did say in his correspondence with her solicitor that it was "if" the house sells that they would need to make a new agreement. I think he was thinking whichever he was able to do first ie either sell the house or get a mortgage he would be prepared to do. does he have to sign a consent order now or can he leave it open ended?

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
01 Aug 12 #346536 by cookie2
Reply from cookie2
He does not have to sign anything unless directed to do so by a court. A consent order is an order made by consent. If he doesn''t agree to the terms then all he has to do is withhold his consent (signature).

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