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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.


May I sue my solicitor?

  • EmpireState
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10 Jul 20 #513218 by EmpireState
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Five years ago the court issued a Consent Order which we both signed, among other things required us to list our jointly held matrimonial home for sale by September of that year(2015).
To go into effect, all the other clauses were dependent on this sale. Time proved the order totally favoured my ex. If she did nothing, it turns out I was left solely responsible for the major liabilities. Short term sale in three or four months no problem, but dragging this out for five years has left me devastated. My solicitor never explained the difference between a Consent Order and a court order. My solicitor should have insisted the consent order be more specific to protect me over the long run if the house didn’t sell quickly. I am running out of cash to live on, let alone pay legal fees, etc. Can/shall I sue him?

  • hadenoughnow
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10 Jul 20 #513221 by hadenoughnow
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Without seeing the precise terms of the order it is hard to comment. The first recourse would usually be an application to the court for enforcement.
Have you tried this?

Hadenoughnow

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10 Jul 20 #513228 by EmpireState
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We have a court date on November 6 to drop her from the “sale committee”, leaving me as sole seller. This doesn’t sound like an enforcement order. Plus if successful it will be some months to sell the house and to enforce the other parts of the Consent Order. She could still interfere with viewing, etc., My finances will be extremely thin by then, which is my worry. I’ll send you a copy without names, if you think that would help. Thank you you for your advice.
Tom

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11 Jul 20 #513234 by mirage63
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Having a date for sale, in your case September 2015, seems very specific. Why has it taken so long to go back to court to enforce the order? Have you been in touch with your solicitor since and did he not suggest this?

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12 Jul 20 #513244 by EmpireState
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The house has been listed for sale on and off during this period. It is listed now, but my ex continues to slow the process down. Example: the current COVID lock down. She uses this as en excuse. She’s loving it!

We have a court date on October 6, adjourned from May 6, to remove her from involvement in the sale. Is there not an easier, less involved, way to remove her than going to court?

Specific to your questions: l have been “working with” him all this time, but, looking back, I can’t answer why this has been allowed to drag on, other than he has allowed my ex’s constant excuses and delays. My fear would be the expense and involvement of going back to court.

Is there any other way to avoid going to court to get her to cooperate or removed from the sale process?

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12 Jul 20 #513247 by diamond74
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I am in a a similar situation, Consent Order to pay me x amount oct 2017 or sale of house, constantly delayed delayed delayed things with false remortgage promises, I have a large bill to pay my ex solicitor, I am now self repping for the 2nd time, do it that way it will likely be a telephone hearing costs £50 to enforce that's all

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12 Jul 20 #513254 by EmpireState
Reply from EmpireState
When I left court in 2015 I thought I had an ironclad deal, meaning something that was enforceable by the court. I’m obviously naïve accepting only a Consent Order which as it turns out is no different than what I got in mediation, a worthless piece of paper, except that it cost me 25 times more than mediation. I’ll have to look into self repping myself - £50 sounds better than £25,000 going to court. Thanks for the suggestion.

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