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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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What sole conduct of sale allows me to actually do

  • ellaprime
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17 Jul 12 #343659 by ellaprime
Topic started by ellaprime
My ex husband and I jointly own a property in Spain. In the Consent Order (dated June 2009) is was due to be sold. He refused to allow an Estate Agent to market or sell it (ex has obstructed entire divorce whole way through). Finally (this May) I got a County Court Judge to give me sold conduct of sale. Ex appealed against this and lost as he is very keen to keep the house. Despite wishing to keep the house and refusing to cooperate on selling, he allowed the house to go 3 months into arrears on the mortgage - which I have just cleared to the sum of 3,000 euros. I now wish to get the house sold ASAP via an online auction house in Spain which would clear the mortgage and there would be some left towards legal costs taxes etc.

Does anyone know whether I need the Judge to sign something to allow this auction to happen as I guarantee ex won''t sign anything at all. I have spent a fortune on solicitors and can afford not more legal representation. My Consent Order wasn''t watertight at all and my ex continues to refuse to cooperate. Although I have this Order saying I have sole conduct of sale, I would like to know exactly what powers this gives me. Anyone know

  • .Charles
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17 Jul 12 #343798 by .Charles
Reply from .Charles
If the property was in the jurisdiction of the UK court, you could apply for a judge to sign the transfer documentation once the property has been sold subject to contract.

As the property is in Spain you may have to obtain an order from the Spanish court which could be tricky even if you were to get an order here then seek to obtain a reciprocal order in Spain.

Another issue to consider is that the Spanish courts are generally closed during August which is likely to cause delays.

Charles

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