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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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consent order changes

  • katiem123
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19 Mar 12 #318956 by katiem123
Topic started by katiem123
hi, can anyone help as I cant get into see my solicitor for a month and thats when my Consent Order is suppose to be implemented. The consent order was set in 2008 and it said that my ex could stay in the house but it had to be sold by 1st may 2012. with 50% of profit to each.I have just applied for a mortgage statement that shows hes taken a £12,000 cash advance. so now where do i stand. there are other changes that need to be done too, but as i said i cant get into the solicitors for a month. anyone have any ideas please??? thank you. xx

  • WhiteRose
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19 Mar 12 #318964 by WhiteRose
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Hi Katie,

Welcome to wiki!

Firstly I''d question the mortgage lenders - don''t you have to be joint signatory for things like this?

Are the mortgage holders aware of your situation?

Do you have any other joint accounts?

The Consent Order can still go ahead as proposed, but with this £12k deducted from his equity share.

The other changes can be added also, as long as he agrees to them.

All this just needs to be agreed and written up!

WR

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19 Mar 12 #318965 by WhiteRose
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I''ve just re-read your post - do you mean your Consent Order had been finalised in 2008 or drafted in 2008?

An agreed Consent Order is final - so if it is an agreed Order, he hasn''t complied, but the £12k can still come out of his equity share.

Again, if its an agreed Order, I doubt any amendments can now be made.

If it was drafted in 2008 and still is awaiting agreement/finalisation - then yes, as long as he is in agreement - the amendments can be made.

WR

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