How strong is the Court Order once stamped?

Hi everyone,

Wonder if someone can shed some light?

Well, we've got the champagne, celebrations and holiday out of the way and guess what?? We get smacked back into reality again!!!

OBE's ex agreed to pay him a lump sum and is doing that by way of releasing from the FMH. The amount was rubber stamped and agreed at the FH.

I said to our Barrister as we left court what if the valuation doesn't come up to scratch and she can't raise that amount can she have the amount reduced? Our Barrister said she agreed to that figure and that is what she has to pay!

Today, on speaking to our financial guy he said that everything was underway and should go smoothly. The only stumbling block he envisaged is if the house doesn't reach the value to release the amount agreed. I said "Well that's not OBE's problem it's hers" and he replied that it could be his problem because she has no other way of raising the extra. OBE has taken a big enough dive anyway so to get less would really be awful!! Would they have to go back to court if she can't raise the full amount?

However, assuming it all goes to plan and she can raise this amount the financial guy told me there are legal fees involved with raising this money and was OBE aware of this. Surely she can't take these fees out of the amount she raises which should be paid to him in full? The court set the amount and said nothing about deducting fees from it! She has lived rent free for the past 7 years and has got her wish to stay put in the FMH? OBE cannot afford any more fees he is struggling to pay off what he's already got and which she incurred by being so stubborn so surely this time the fees are down to her? It's what she wanted, to be able to stay put so surely she should pay the re-mortgaging fees, not him, not even half, surely not???

Any advice would be appreciated.

OBE's 1