A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Consent order - seeing it through

  • Alaska1954
  • Alaska1954's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Aug 21 #517568 by Alaska1954
Topic started by Alaska1954
The Consent Order has been awarded and sealed by the court - this was handled by the ex's solicitor whom she has now 'paid off'. The ex has, in the last few days made certain threats at non compliance with the consent order process entirely, and is being deliberately obstructive. My question is this, can my friend who is a LIP, even at this late stage engage a wikivorce solicitor to see everything through on the consent order? With thanks in advance.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
28 Aug 21 #517569 by hadenoughnow
Reply from hadenoughnow
If there is non compliance in breach of a court order it is pretty straightforward to apply to the court for enforcement.
A solicitor will really only be able to write a letter asking for compliance and warning of the consequences of ignoring the order.
If a solicitor is required there is nothing to stop your friend engaging on if they feel they need to.

Hadenoughnow

  • Alaska1954
  • Alaska1954's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Aug 21 #517573 by Alaska1954
Reply from Alaska1954
Many thanks for your response. I should probably explain the reasoning behind this more fully. My friends ex, who now has to comply with the Consent Order will need to arrange a re-mortgage of the family home in order to pay out the agreed lump sum (release my friend from the mortgage), organise conveyancing and land registry and the pension sharing order. The despicable behaviour of the ex spouse all through this trauma of a divorce and its aftermath is unlikely to end, and the consent order seems to have spurred her on with newer, more intense vigour. What I am saying is that my friend is trying to limit the mess he can see looming in front of him; the ex has said already they will delay and obstruct. Sorry to be long winded - we just want this to end. Thank you for listening.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
30 Aug 21 #517587 by hadenoughnow
Reply from hadenoughnow
A lot depends on the precise wording of the order setting out what she has to do including any timeframes given.

Are there any sanctions in the order such as a default order for sale or a requirement to pay interest if she doesn't meet the payment deadline?

Is the Decree Absolute in place? This activates the provisions of the Consent Order. Even if your friend is not the petitioner, they can still apply for the Decree Absolute.

Hadenoughnow

  • Alaska1954
  • Alaska1954's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Aug 21 #517590 by Alaska1954
Reply from Alaska1954
Yes, the absolute is in place and the clock is ticking. She has 56 days in which to organise a remortgage, arrange the necessary conveyancing and land registry changes so my friend is released from the mortgage and he gets his lump sum payment. Yes, there is a sanction in place in that if this does not happen then the house is sold. My friend has every reason to believe that she will drag her feet just because she can, and come up with all manner of excuses in order to delay and obstruct. Over the weekend there have been various threatening messages to my friend, and his 12 year old daughter is being denied access to him. If the prospect of further court battles could be reduced in any way before this happens, ie by way of a solicitor with 'watching brief' we would be encouraged. Thank you for your time.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11