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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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Can I return to court after consent order made?

  • ryamagee
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01 Mar 18 #499967 by ryamagee
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Hmmm...well these people haven’t actually made an offer But I did chase it up with the estate agents and they phoned the people and they said they want to make an offer when they know how much they’re getting for their house (ie when they receive an offer) hence it’s not much help. But who knows they could find a buyer tomorrow and then the balls rolling!!

So I don’t have much of a leg to stand on with getting the house sold quickly because I bought a house?
Similarly, could my ex wife challenge the 50/50 division because I have bought a house outright?? I thought she couldn’t because there’s a Consent Order in place!

  • divorced at last
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01 Mar 18 #499968 by divorced at last
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Personally I would try and keep these potential buyers interested as so far they seem to be your only offer. Speak to the estate agent and say that you’d like them to put an offer on the table but it won’t be withdrawn from the market until their sale has progressed a little further.

We had an offer very soon after our house went on the market 8 months ago, it was slightly lower than I had hoped for but reasonable, the catch was they had two properties to sell, and that was a chain I didn t want to get in to. So I didn’t decline the offer but I didn’t accept it either. It was left on the table on the understanding that they sold both those properties we would discuss it again. My doubts were right as their second house still hasn’t sold and I managed to find a cash buyer in the meantime.

For you, your case for the house to be sold is simply that you would like closure and the extra cash would help. That isn’t a very strong case. Being that the Consent Order hasn’t really been achieved yet as you haven’t sold the FMH then I am sure that you would have to prove that you needed the money from the sale to get it to auction. As you have purchased your new property with cash, your need isn’t great.

Does your ex wife know you have made a cash purchase? Have your circumstances altered greatly since the order was made? If I were your ex wife and you took me back to Court I would certainly want it highlighted that you had purchase a property with cash. Is your ex paying the mortgage? As hard as it is, a house being on the market for 18 months isn’t unusual and perhaps the spring will bring a new round of viewings? I think voicing your concerns to the agent and asking them to up their game would be a good starting point. It’s their job to get the house sold, make them work for it.

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