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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?

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Court Order

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15 May 12 #330702 by bigkid68
Topic started by bigkid68
My ex wife and I are divorced and the marital home is up for sale. She moved out 5 years ago when we split I moved out Nov 11 into a rented house with my new partner. The house was on the market empty. The mortgage company were going to repossess and I had handed back voluntarily the keys. Now my ex wife has agreed to pay the mortgage and she is moving back in to "do the property up" the property is already up for the top end valuation and we have had 1 viewing in 6 months. She has said she will accept nothing less than the asking price as she is now sitting pretty in the house paying £200 pm until "sold". There is a court order in place saying the asking price (the judge went with her on that one) who is to market the property equity split etc. All I wanted to know is how exactly can I force a sale or get the asking price lowered. Any advice would be welcome.

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17 May 12 #331186 by WhiteRose
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Hi & welcome to wiki,

Are there any clauses in the Order?

Any timeframe?

Were you represented?

Its common to have the statement ''agreed'' sale price, that 3 valuations are taken and the price averaged from that. Also a timeframe of X months ''best endeavors''

WR

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17 May 12 #331196 by bigkid68
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Hello,

Yes three valuations were taken and the top end valuation was used not an average my ex wouldnt agree to any valuation but the top end one so my solicitor agreed. Also no time frame was mentioned well not that I can remember and see in the court order. The actually marketing price is stated in the court order and who is to market the property is also in there. Yes I was represented but not very well I am getting 30% when she moved out 5 years ago and paid nothing from dec 07 to arp 12 but that not the issue now. My solicitors have now gone into liquidiation so I have no legal representation, I was also covered by legal aid and now cant really afford to take it back to court to try and get the court order changed.

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