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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.


Threat to overturn a consent order - advice &views

  • john194235
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19 Feb 20 #511485 by john194235
Reply from john194235
So having acted as a litigant in person so far, I decided to take legal advice.

The solicitor was really concise and clear:
1.The deal is generous so there should be no reason to challenge, plus she is outside the timescale to appeal, pretty sure he stated 21 days.....
2. He suggested I write to her asking her to comply with the order within 7 days to exchange contracts and also to commit to sign all further documentation to facilitate the sale to completion
3. If no reply after day 7 go back to court - There was no reply......
4. I then instructed solicitor on day 8 and provided all supporting evidence
5. Solicitor has applied to court on D11 for adhearance to the order, vacant possession within 56 days and if refuse to sign a 3rd party be appointed to sign on behalf of wife, also removing joint sale and giving me authourity to make decisions
6. Apply for costs given the issue is of her creating - but he highlighted chances are 50/50 on getting costs paid, depends on the judge on the day!

Thats where we are now and it went to the court this week - just a waiting game now for a listing, but the solicitor has already chased to expidite and has confirmation its in front of the judge for consideration of where and when to list, so hopeful should get a answer reasonbly quickly.

Lastly, thank you to those that replied!!!!

Will update at some point when this has moved on for the benefit of others - hapy to take any questions for those in a similar situation, just PM me.

  • .Charles
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20 Feb 20 #511503 by .Charles
Reply from .Charles
That all sounds right to me. Yeah, you ought to get your costs but judges don't like to make costs orders even in such circumstances as those you describe. The main goal is the sale though - as long as that goes through everyone can move on.

Charles

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