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.
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.
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.