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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.


Any thoughts on this?

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25 Jul 12 #345213 by stressed1
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I have an order which stipulates the following:

AND UPON it being recorded that it is the wife''s hope that she will be able to raise a lump sum to be paid to the husband and to secure his release from the mortgage on xxxxx (property address) and that thereafter the property will be transferred into her sole name.

If the lump sum amount is not indicated and I offer a fair lump sum according to the current value of the property, could this be my means of keeping a roof over my head for my children?

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25 Jul 12 #345215 by dukey
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Its unusual wording, is it word for word? what does it say regarding the lump sum after.

BY CONSENT IT IS ORDERED THAT

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25 Jul 12 #345217 by stressed1
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It is unusual and I wondered if I could monopolise on the fact that it does not give a specific lump sum. The wording is word for word.

''It is ordered that'' section concentrates on what the price that property should be marketed for. However, the property price is not realistic and I am going to seek new valuations so that I can then demonstrate the actual valuation. It is then my intention to offer the net resultant amount once disbursements are paid, i.e. the mortgage and estate agent fees (what my ex would get if it were sold).

Many thanks

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25 Jul 12 #345223 by dukey
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Sorry,

A quick lesson on orders,

The first bit is the recital, long story short most of the time its the bit after IT IS ORDERED THAT, so a price is stated and that is the price you must use.

You will note there be liberty to apply as to timing or execution/implementation or similar, this means if you think the price is too high you can take it back to court, but don`t do it unless you are sure it is to high, nor do it shortly after the order is sealed.

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25 Jul 12 #345226 by stressed1
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The order was signed off on the 8th February 2012. However, there is nothing stopping me providing evidence to the contrary in regards to the property price, surely.
I appreciate that the element about the lump sum is an undertaking but this undertaking will become relevant with the actual price demonstrated.

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25 Jul 12 #345228 by dukey
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Its like walking in the dark without actually reading the order, the devil is in the detail with orders.

The worry as always is that if you take it back to court and the judge does not agree you can get hit with the other sides costs, even if its a 20 minute hearing you can be talking £600ish if they are represented.

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