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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.


Breach of consent order

  • Lexarni
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06 Aug 20 #513586 by Lexarni
Topic started by Lexarni
I have been divorced since 6 February this year, but I jointly own a property in South Africa with the applicant, which is rented out. In the Consent Order it was ordered that the property be put on the open market immediately upon Decree Absolute (which was 6 February), to be sold within the year following on that, and that the profit of the sale goes to the applicant.

The applicant has not put the house on the market, and has instead now put the property up for rent. Part of the Consent Order was that the applicant would be in charge of selling the property, and therefore I cannot do it myself. I have on numerous occasions emailed the applicant and her solicitors about the fact that she was not adhering to the consent order by not putting the house on the market, but to no avail. Her solicitor's response was "So what are you going to do about it?".

I am not concerned about the profit from selling the property, as that goes to the applicant. I am however concerned about the fact that I own 50% of the property, and so therefore I am still responsible for half of the mortgage and tax on half of the rental income.

Please can you tell me what I can do under these circumstances? Any help will be appreciated.

  • hadenoughnow
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08 Aug 20 #513601 by hadenoughnow
Reply from hadenoughnow
You can apply for enforcement of the order. You would need to make an application to court and could ask for joint (or sole) conduct of sale. NB
It may be hard to enforce here as the property is overseas. I think you may need to get some solid legal advice.

Hadenoughnow

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