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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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Help, can I re-open the consent order?so depressed

  • welshdana
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28 Mar 12 #320550 by welshdana
Topic started by welshdana
I really need some advice. I divorced 18 months ago and agreed a settlement with my ex where I would recieve part of the equity of the matrimonial home to rehouse myself and my son and the ex would recieve a smaller fixed amount. The house was marketed by an estate agent who said that £645k was ''not over priced. The house still hasn''t sold. in the last year and a half the same estate agent has recommended reducing the house by £50k every six months. If I make the next reduction I will only have £95k to rehouse my son and I rather than the £250k I expected. I have a disability and cant work so have no mortgage options.

I also owe my solicitor £48k, when she took my case she agreed that I would pay her fee when the matrimonial house sold out of my proceeds. I owe her so much as the case went to final hearing as the ex was being an arse. Now my solicitor wants to put a charge on the house and start charging me interest on the amount I owe her.

I''m in Absolute despair and having some very bad thoughts. With this huge debt and little hope of ever owning our own home I feel I have failed my Son, I wanted a good life for him, I was brought up in poverty and feel that I have been judged all of my life by the place I am from and my accent. I wanted a different life for him, one where he didn''t feel ashamed or bullied because he was poor. Just a simple life where he fits in. My ex couldn''t care less about any of this as he just wants his fixed amount of money from the sale. I honestly dont know what I can do. From what I have read reopening a Consent Order seems almost impossible but if anyone can help advise me I would be greatful.

  • jonathancj
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29 Mar 12 #320618 by jonathancj
Reply from jonathancj
Sadly you can''t reopen the Consent Order. We went through very similar times in the 1990''s and the law was well settled back then. A change in the market value is not a reason for setting it aside.

If your solicitor agreed to wait to be paid and did not seek interest at that stage, I don''t see that s/he can seek to change the arrangement now. You have a contract and one of the terms was that the solicitor would be paid from the sale proceeds. I think s/he will just have to carry on waiting. So it was a bad commercial decision by him/her - tough.

By the way, no one''s worth should be measured in what they own.

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