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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.


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My home is in jeopardy

  • stressed1
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30 May 12 #334079 by stressed1
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Yes, that was my original point, the order is biased and did not make provision for the consequence of any price variances.

The lump sum as you know mmust come from the sale proceeds. Say, we were in a negative equity scenario, what then?

The ''ACTUAL'' value (minus) the mortgage is less than the order stipulates he is due, and that is my offer to him which he is refusing.

Also, this does not make sense at all what my ex is doing, as I am sure in this current market he will be required to put down at least 10-30% deposit to purchase the FMH, this amounts to more than he is due from the equity, does this make financial sense? clearly he is just this is a cruel tactic as the consequence will be that the children and I will be homeless.

I just need to know what I can do about this. Can I make a notice of application to the court to suggest the price to lowered to reflect the ''true'' value?

  • pixy
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30 May 12 #334083 by pixy
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tbh I think your comments about your ex are muddying the issue. What you really want to know is starkly simple: is it possible to appeal/vary a Consent Order that is unrealistic.

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30 May 12 #334085 by cookie2
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You didn''t answer my questions. They weren''t rhetorical :)

cookie2 wrote:

How much is the house on sale for and how much is the mortgage?

If it sold to a stranger, how much would you have in your pocket after the sale, and how much would your ex have in his pocket? By that I mean after all fees etc.

If your ex bought you out at the price he is offering, how much would you have in your pocket?



Yes pixy is right, the question you seem to be asking in a very roundabout sort of way, is can you change a Consent Order once it is signed and stamped by the court. The answer is in most cases no, especially if you took legal advice before signing it.

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30 May 12 #334086 by stressed1
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My situation is very complicated and I am trying to relay it as clearly as I possibly can. I do believe it is relevant that I inform you about the actions of my ex as I do not believe it is lawful.

Also, I am fully aware that I can not appeal or vary the order, but I know I can go to court to have the price lowered. This will then allow me to buy him out and keep my home.

I am simply unclear as to what application I make to court, someone suggested a notice of application.

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30 May 12 #334091 by cookie2
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Since you seem happy in the house and don''t really want to leave, why don''t you just do nothing? What is your ex going to do? Take you to court for enforcement? You are doing everything you can to sell the house for the value specified in the Consent Order. If you''re perfectly happy with the status quo then I would leave it, if your ex wants to take it back to court to have the price lowered then let him do all the hard work. I think you''re better off playing this defensively.

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30 May 12 #334093 by stressed1
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My original solicitors were negligent and it is currently being looked at. So, you can see my dilemma. I apologise for going round the houses, I am simply a very desparate woman here, as I can not afford to rent as it will amount to more than what I currently pay in mortgage payments presently.

Everywhere I turn, I get negativity, so I should just wait to be turfed out on the streets as that is what will happen. Ah well! the law is an utter nonsense in my view.

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30 May 12 #334106 by stressed1
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I have sent you an PM Cookie re the figures.

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