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What are we each entitled to in our divorce settlement?

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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.

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indemnity still valid now house is sold???

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06 Jul 12 #341531 by leahjane
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I am desperate for some facts please we have been living a nightmare for 4 years now and it is beginning to make us ill.

The basic background:
my partner and his ex wife divorced and her law firm (she is a paralegal) drafted a Consent Order). My partner was self rep to save money and signed as he thought it was the right thing to do for the children''s future !!!

The wording of the original order is "the respondent undertaking to the court to use his best en devours to secure the release of the Petitioner from any liability under the mortgage secured on ........, to include the unsecured loan in respect of home improvements under the same account number, at the earliest possible date and in any event by ../../.. when all arrears under the mortgage will have been cleared by him and in the interim to indemnify the petitioner in respect of all liability in respect thereof"

By CONSENT IT IS ORDERED THAT:-
the petitioner within 42 days of the date of this order transfer to the respondent all her legal estate and beneficial interest in the property


the transfer was never done to which my partner was none the wiser until she took him back to court and ordered the sale of the property 10 months following this order as he hadn''t managed to release her from the mortgage. The judge ordered the sale, at an agreed price and agent. As you can appreciate in today''s market with negative equity the house did not sell, so after many legal letters later (again all from her employer/solicitor, We (my partner, myself and MY 4 children vacated the property and moved into private rented, after obtaining a agreement on a sale.

In a solicitors letter we received before the move it enclosed a copy of a court application she had made stating "the order of../../.. although provides for the sale of the property does not provide for the distribution of the negative equity. It is our clients position that the responsibility of this debt should lie solely with the respondent.

The property is now sold and the mortgage paid off in full !!!
the unsecured loan however is still an issue as she refuses to accept responsibility claiming financial hardship and STATING she is indemnified although whilst working full time, living with her new wealthy partner, holidaying twice a year, new car, a £10,00 holiday to Florida this year paid for, receiving regular (never missed child maintenance) from my partner and never paying one penny towards ANY debt from the marriage, my partner has dealt with it all, he has in 4 short years lost is car his home, his credit rating is non existent, he works solely to pay debts and provide for his children. (i work and provide for mine.

Anyway may issue is we are under the impression she is liable for half the loan and should legally pay her half.

To add insult to injury she has now stopped all contact between my partner and his children until "he sorts the debt out", knowing he cannot afford solicitors, she gets it all free and he is stuck. He has joint parental irresponsibility over both children and see''s his children regularly twice a week for tea and every other weekend for staying contact.


ANY HELP PLEASE,

sorry for the lenght but this is our daily life and it is emotionallyexhausting.

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06 Jul 12 #341539 by cookie2
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leahjane wrote:

she refuses to accept responsibility claiming financial hardship and STATING she is indemnified

Well, she has a point. As you say:

"the respondent undertaking to the court ... from any liability under the mortgage secured on ........, to include the unsecured loan in respect of home improvements ... when all arrears under the mortgage will have been cleared by him and in the interim to indemnify the Petitioner in respect of all liability in respect thereof"

This is what he agreed. What is his argument for NOT paying it?

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06 Jul 12 #341542 by leahjane
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This i understand but she forced the sale creating the negative equity, the initial order was that she transfer it over to him and he indemnify her which he fully accepted she wanted nothing to do with it, he wanted to keep the house,

however she forced the sale therefore creating the negative equity??? altering the consent order which did not allow for the indemnity of her???

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06 Jul 12 #341545 by cookie2
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Then why did he not take enforcement action to get the house transferred to him? This all seems a bit strange. I think either he has been advised very badly, or due to not taking legal advice, he has agreed to something foolish (selling the house). I can''t see a judge making this ruling unless he agreed to it.

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06 Jul 12 #341548 by leahjane
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Bless u thank you for your honesty however i am aware of ALL the facts i have been brought into the nasty letters on many occasions regards to my children my finances, bla bla but i am not a push over and no that as we are not married and my children are not his, this is from their marriage and has nothing to do with me so i abruptly tell her solicitor leave me out of it.

I feel maybe your initial summary of making the naive mistake of self-repping and being too trusting are his fatal mistakes, the non transferal was not made apparent to him until it was too late, again he self-repped and did what he thought was right. (again she has 24/7 legal advice at her disposal working there?

sorry if i sound blunt but i know he has made so many mistakes he just wants to get his facts before he attempts to raise the cash to take her back to court

thank you

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06 Jul 12 #341551 by cookie2
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Sorry, I think he is very foolish if he tries to take her back to court. He is doubly foolish if he attempts to take her back to court without first taking legal advice of his own. By doing so he is just asking to have a costs order slapped on him, landing him even further into debt.

It might be worth seeing a solicitor since many will do a free initial consultation. He''ll need to take the original consent order and the judge''s subsequent ruling with him. But if the facts as presented here are accurate then I''m afraid I wouldn''t hold up too much hope of a successful outcome. The fact is that he agreed to take on the mortgage and the unsecured loan. I think he would find it very difficult to get out of that now - whether she "forced" the house sale or not.

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