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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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Transfer of property

  • Easteregg
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28 Aug 12 #352491 by Easteregg
Topic started by Easteregg
Please can someone advise me: The Consent Order has been signed by the judge and I have agreed to transfer the mh into his sole name and he will transfer a piece of land we currently own into my sole name. I am doing the transfer of the land myself, ie: not through my solicitor. His solicitors have not returned the TR1 paperwork to myself, saying that they wont do this prior to the agreed finalising date, as I could submit it early to the Land Registry. (I would not do this) If I agree to this, will this delay my completion of transfer of the land. I have already signed the transfer of the house paperwork, and they will keep it until the due date. I am trusting them, but they will not trust me! (They have stalled all along) What do I do?

  • LittleMrMike
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29 Aug 12 #352524 by LittleMrMike
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Er - may I suggest there is a simple solution here, namely to arrange with the solicitors that the two transactions are carried out on the same day so that they take effect contemporaneously ?

You should not sign a transfer of the FMH unless you have a simultaneous transfer of the land you are getting in exchange. Neither should he, the other way round.

Or have I missed something ?

LMM

  • .Charles
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29 Aug 12 #352616 by .Charles
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Seeking an undertaking from the husband''s solicitors to hold the transfer in escrow, only to be released when both transfers are sent to the Land Registry, should do the trick.

Charles

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29 Aug 12 #352652 by Easteregg
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Thank you so much, what would that entail? would his solicitor charge me for that?

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