A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Nightmare - Consent Order was never Signed!!!

  • cherish68
  • cherish68's Avatar Posted by
  • Junior Member
  • Junior Member
More
10 Apr 12 #322760 by cherish68
Topic started by cherish68
Hi, just discovered that there was no Consent Order signed following divorce and division of assets in September 2009.I contacted original solicitor who dealt with the divorce who informed me of this. Who''s fault is this? Surely my solicitor should have dealt with this matter back then? Ex husband now wishes to finalise this consent with some changes because his circumstances have changed. He re-married November 2009 (his wife has 3 children of her own) and our child went to live with him in July 2010. I purchased property with the proceeds from the divorce settlement. Can my ex now ask a judge to force me to sell my house in order to give him a larger portion of the division of assets nearly 3 years after divorce? This is giving me sleepless nights. I hope someone can help.

  • jonathancj
  • jonathancj's Avatar
  • Platinum Member
  • Platinum Member
More
12 Apr 12 #323288 by jonathancj
Reply from jonathancj
He''s on a hiding to nothing really. No, unless you have bought some sort of mansion, you''re not going to be ordered to give him a share of your home. I take it terms were agreed in 09 and just never finalised at court? If so, you have what is usually referred to as a Xydhias agreement and you simply issue notice to show cause why it should not be turned into an order. Your solicitor should be able to help with this.

  • cherish68
  • cherish68's Avatar Posted by
  • Junior Member
  • Junior Member
More
12 Apr 12 #323392 by cherish68
Reply from cherish68
Thankyou jonathancj. This has gone some way to reasuring me. My solicitor cant understand why things were never finalised - they are sure we had more or less tied everything up back then. We are seeking an adjournment as papers were served on me last Saturday (bank holiday weekend) for a hearing on 16th April. Hopefully we can find out what he is asking for before a new hearing date and try to settle things before incurring more costs which neither of us can afford.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11