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

  • welshdana
  • welshdana's Avatar Posted by
  • Junior Member
  • Junior Member
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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  • Platinum Member
  • Platinum Member
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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