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add one para to court order

  • Retiredrec
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26 Nov 18 #505070 by Retiredrec
Topic started by Retiredrec
Decree Absolute in June. Outstanding is sale of family home, net funds divided 50:50.
Market very sticky, and I as respondent wish to buy her out at open market value. She agrees and price agreed.
So just a single para needs adding to the Sale instructions in the court order. No other changes, nor children.

HMCTS tell me the forms we sign are the Form A, FM1, D81. Form A seems relevant, FM1 is for children, D81 a huge amount of detail already covered before.

Surely the judge simply needs to see a copy of the June court order, and a one page request with para to add - (e) in this case ! and jointly signed.

  • hadenoughnow
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26 Nov 18 #505073 by hadenoughnow
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Do you have a Consent Order as well as the Decree Absolute?

If you do not, you will need to apply for one. The financial settlement is separate from the divorce.

This will entail completing Form A and the D81 - and providing a draft Consent Order. The consent order should be drawn up by a solicitor to ensure the wording is legally watertight.

If you do have a Consent Order in place, you could use a D11 to apply to the court for a change in the sale instructions. Or you can just agree between yourselves - after all the property is still being sold; it is just not being sold on the open market.


Hadenoughnow

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