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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.

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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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Sale of matrimonial home

  • Marty2004
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04 Sep 19 #509507 by Marty2004
Topic started by Marty2004
Hi, I wonder can anyone help me. The matrimonial home is on the market, and Consent Order is in place. However I have just found out that exes solicitor has been writing to the estate agent, and I have not received copies of these letters. I have asked the estate agent to forward them to me but he won’t. My question is should I be getting copies of these letters. The house is jointly owned. Thanks in advance.

  • gopher5
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26 Oct 19 #510144 by gopher5
Reply from gopher5
Yes, you should be getting copies of all letters. Otherwise, withdraw from the Consent Order.

  • hadenoughnow
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26 Oct 19 #510148 by hadenoughnow
Reply from hadenoughnow
You cannot withdraw from a Consent Order if it has been stamped by the court. It is a legally binding court order.

Have a look at the wording of the order and see what it says about conduct of sale. If you have joint conduct then yes, you should be included in the process. This would include agreeing joint letters of instruction.

If it says your ex has sole conduct then she is in charge of the process. You would not expect to be involved.

If it is joint instruction and is not happening as it should, you need to contact her solicitor to request copies of the letters. It is not the estate agent's place to share them with you.

Hadenoughnow

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