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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.

Consent Order

  • markturner2007
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21 Mar 12 #319348 by markturner2007
Topic started by markturner2007
During my divorce I got a Consent Order, agreed by the ex-wife for me to receive the property as she refused to pay the mortgage.

I am now at the stage where she has received the legal paperwork to sign the house over and is refusing. This is down to the fact that I have applied for a remortgage with my current partner. She herself remarried over a year ago.

She is claiming the consent order says she will sign the house over to me, not me and someone else.

Does she have any valid point here or is she clearly in breach of the consent order and I can force the issue?

She doesnt want the property but doesnt want to make my life easy either.

  • dukey
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21 Mar 12 #319352 by dukey
Reply from dukey
Perhaps the easiest solution is for your ex to transfer ownership to you and then you add your partner to the deeds.

The other option is to go back to court for a judge to decide, which isn''t good for anyone.

  • markturner2007
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21 Mar 12 #319353 by markturner2007
Reply from markturner2007
I have considered that, just a pain having to go through the remortgage process again with the bank, adding on more weeks to get this sorted.

  • happyagain
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21 Mar 12 #319355 by happyagain
Reply from happyagain
But you don''t have to on the deeds to be on the mortgage do you? If your partner accepts that you will add her on later then this might be a way around such awkwardness.

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This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

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