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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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Ex-husband won''t consent to closing joint a/c

  • Pixel
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18 Jun 12 #337412 by Pixel
Topic started by Pixel
Hi,

I wonder if you may be able to advise me of the court application form I need to complete to get a joint bank account changed into my own sole name?

During my divorce a financial Consent Order was drawn up, transferring a small block of garages into my sole name for which there was a joint account accruing the rental income; also in the order was numerous other properties which transferred into my husbands sole name.

However, the order makes no reference to the joint accounts in question, and due to delays in transferring the garages into my sole name, 3 years passed and now £4000 is stuck in a frozen joint account, to which neither of us has access. I have written to my ex husband and his solicitors on numerous occasions requesting he consent to the account being transferred to my sole name, as the rental has accrued against my property - but neither my ex-husband or his solicitor replies.

Would I need to take this through the small-claims route, or back to the family court? And in either case which Court form would I use? The account(s) are not specifically mentioned in the financial Consent Order and so I think it must be a different matter.

I have already consented to the joint account to all the properties that transferred to him being done and it is just the one which I am entitled to which is stuck!!

Many thanks for any advice and guidance you can provide.

  • WhiteRose
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18 Jun 12 #337418 by WhiteRose
Reply from WhiteRose
Hi Pixel,

Ooooh I think the devil may be in the detail.

If the wording states the garages are to be transferred over to you, but it doesn''t mention the frozen account, you may need to go back to the sols who wrote up the order.

In the meantime - is there a way to change the account to where the garage income gets paid?

WR

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18 Jun 12 #337432 by Pixel
Reply from Pixel
Any suggestion in how to progress without going back to original solicitors! I need to try and resolve this with the courts myself, hence the question as to what court form needed

Wasn''t sure whether j could just go down small claims route, or whether I''d be better trying to go back to family court

Thanks

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