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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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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.


Query on a term of a consent order?

  • Emma8485
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11 Oct 12 #360506 by Emma8485
Topic started by Emma8485
Hi Wikis, after goodness knows how many months my exes solicitor has finally sent me a draft Consent Order that we agree on! We have a house with £5k negative equity, no savings, some small debt which we have agreed to split 50/50 and no pensions of any real value. We have agreed a Clean Break and he has agreed that he will transfer his interest in the house to me.

Everything was going well - BUT! I am living in a rented house, because of the amount of time his solicitor took I had to sign a new tenancy agreement or they would look for a new tenant and I couldnt move back to the FMH as my ex is living there until the Consent Order is resolved. I asked him to move out and I would cover the mortgage until we sorted the order out but he said no as he wanted a base for his midweek contact for the time being and his parents are paying the mortgage.

When I got the Consent Order there is a letter enclosed from the solicitor advising me that their client only agrees to the order on condition that I move back to the FMH immediately on him vacating - the wording on the order says that the interest in the property is to be transferred to me within 56 days of the order being sealed and upon transfer he will vacate.

The issue I have is that because of my new tenancy agreement I cant just up and go as the letting agent has confirmed I will be still liable for the rent as well and i cant afford the rent plus the mortgage. I have a friend who is waiting on a new build that she has bought off plan and she is staying with her parents and has offered to rent the FMH until her sale goes through which is meant to be 2 weeks before my tenancy is up and would give me two weeks to move everything as well. I thought this was the perfect solution but the solicitor says this isnt acceptable to their client

This is a long winded post but my question is can they insist I move back there on a certain date?

  • MrsMathsisfun
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11 Oct 12 #360512 by MrsMathsisfun
Reply from MrsMathsisfun
Cant your friend move into rented property and you the FMH?

  • Emma8485
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11 Oct 12 #360517 by Emma8485
Reply from Emma8485
I hadnt even thought of that! Thats definitely worth me checking out actually - I am not trying to be obstructive to my ex, just cant afford to pay for two houses !

  • Lori321
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11 Oct 12 #360521 by Lori321
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I woud of thught that once the property is transfered to you it has nothing to do with him if you rent it out.

  • Emma8485
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12 Oct 12 #360540 by Emma8485
Reply from Emma8485
I thought that too but he wont agree unless i say for definite i will move back on the day he moves out he says?

  • missguided
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12 Oct 12 #360541 by missguided
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So move back in on the day that he states, back out the following day and rent it to who the hell you want (and obviously dont mention this is your plan).

Good luck

Miss

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