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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.

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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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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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In the Interim the property shall be marketed

  • WhatGoes
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19 Sep 12 #356740 by WhatGoes
Topic started by WhatGoes
Hi all

This is my first post. I''m now divorced but having problems getting the FMH sold

  • I currently live in the FMH
  • Ex moved out nearly 2 years ago and is renting

  • The Consent Order states

  • 100% of profit from the FMH goes to ex
  • I have to pay £900 global maintenance, reducing to £600 when house is sold
  • I have to pay the mortgage

  • The Original Court Order dated 11/1/12 Section I(1) States:
    “the FMH shall be sold for such price as may be agreed between the parties in excess of “220,000 or in
    default of such agreement as determined by the court”

    As she wouldnt agree the estate agents I had the courts decide, therefore
    The Court Order dated 03/7/12 Point 1 States:
    “The property at XXXX, Berkshire shall be marketed by XXXX, Estate Agent and
    the Solicitors actting in the sale sall be XXXX.”

    She then wouldn''t agree a marketing price, so I had to take her back to court again and got The Directions order dated 03/8/12 Point 6 States:
    “In the Interim the property at XXXX shall be marketed at a price in excess of £230,000”

    The original order states "as may be agreed between the parties", but as she is in default and this has now been determined by the court can I soley instruct the estate agent to market the property for £230,050 NOW?

    Thanking you for your reply in advance

    • dukey
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    19 Sep 12 #356742 by dukey
    Reply from dukey
    You can yes, sorry for the short reply but not much else can be said :blink:

    • maisymoos
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    19 Sep 12 #356743 by maisymoos
    Reply from maisymoos
    Why don''t you market it at "offers in excess of £230,000" rather than £230050?

    I would think you are safe to go ahead as price and estate agents have been decided by the Court.

    • WhatGoes
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    19 Sep 12 #356745 by WhatGoes
    Reply from WhatGoes
    Because The Original Court Order dated 11/1/12 Section I(1) States:
    “the FMH shall be sold for such price as may be agreed between the parties in excess of “220,000 or in default of such agreement as determined by the court”

    Marketing and Sold are different things.

    • maisymoos
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    19 Sep 12 #356746 by maisymoos
    Reply from maisymoos
    But the Original order has now got a Direction to market in excess of £230,000??? so go ahead.

    • WhatGoes
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    19 Sep 12 #356749 by WhatGoes
    Reply from WhatGoes
    Thank you for the quick response and there was me trying to get a joint decision on it, although it makes perfect sense now! Oh well that was a waste of 7 weeks trying to get her to do it with me.

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