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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.


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.


Setting aside a consent order

  • Fiona
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18 Aug 12 #350314 by Fiona
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You really would need legal advise before proceeding with this. There is case law that a Consent Order can''t be set aside because of changes through natural processes of price fluctuations or if the complaining party is partly to blame because they could have researched more.

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18 Aug 12 #350318 by soulruler
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My understanding is that in order for a valuation to be legally binding it has to come from an independent house valuer rather than from an estate agent.

Also the valuation has to be done within 6 months of the court hearing or order from which an order results.

I would have thought that if you could prove that you have made efforts to sell and that you have been told by the estate agents t drop the price, the house is still on the market and you can prove that you have been active in the sale that a court should by way of judicial discretion take this on board.

The proceedure for getting a valuation is that one party picks three valuers making sure that they have no conflict of interest (that the valuer is known to them personally or they have business with them) and then the other party picks one - usually both parties pay the costs jointly of the valuation.

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18 Aug 12 #350320 by soulruler
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Estate agents are financially driven and most houseowners optimistic about the value of their homes.

If one estate agent promises a sale at £100 K and another promises a sale at £140 K is it obvious which estate agents most vendors would want to go with.

Recently I have been in converations with a friend who is detirmined that the higher valuation for his house is correct and that other lower valuations were wrong and therefore after 2 years of no interest in the property and more or less no viewers let alone offers he has withdrawn the house from the market saying that in a few years he will get what the highest value by estate agents told him.

Who am I to disagree but it seems to me that the market will prove itself rather than the seller proving the market.

Also if you sell for less you should be able to buy for less - well that''s the theory.

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