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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.


Solicitor?

  • dominoo
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12 Jun 12 #336366 by dominoo
Topic started by dominoo
Hi
I have represented myself in Court and now have Consent Order which instucts lump sum to ex by 20th of this month, whereupon he will provide agreement via his solicitor to transfer the equity of FMH into my sole name (not sure what I need from his solicitor to confirm this will happen but it is in the Court order so thought that it cannot be reneged upon). My intentions were to send the money, get the mortgage redeemed via life policy in joint names of which ex has to have half but I am still awaiting his authority to surrender life policy!!!.Hence deeds to mortgage should be sent to me whereupon I can engage a solicitor (don''t have one at the moment but can you suggest one please)and hopefully get the transfer done. Can you let me know if this is okay to do this way or could there be pitfalls by not taking on a solicitor now.
Thanks

  • TBagpuss
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14 Jun 12 #336708 by TBagpuss
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I suggest you speak to a solicitor sooner rather than later. They can look at the wording of the order to chekc what you need, and can out in hand the transfer of the property. If the mortgage is being trasnferred to you then you are likely to need to get a form from the lender for your ex to sign, confirming that they consent to the transfer.


If you are planningto use the endowment policy then it would be sensible to tell your ex''s solcitor this so he knows that he won''t be released from the mortgage until he signes the paperwork for the endowmnet policy to be surrendered.

Most orders provide for the trasnfer of the hoseu and the payment of any lump sum to happen simultaneously - like any other house purchse, so it would be unusual to pay the money first and not deal with the transfer until afterwards, but this may depend on the wording of your order. If you get a solicitor involved it may be possible to get a trasnfer deed signed by your ex to transfer the property before you pay the money to him, even though it may not be possible to actually complete the sale until you''ve sorted out the endowment etc.

  • dominoo
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14 Jun 12 #336807 by dominoo
Reply from dominoo
Yes on re-reading the wording of the order what you have indicated seems to be correct. Only problem is I think I am cutting things fine as the Court order stipulates the monies must be paid to the respondent with 56 days of the order (i.e. this Wednesday 20th). Not sure I will be able to sort something out quick - any suggestions to try and find out about doing the transfer deed myself or if I did manage to see a solicitor on Monday could they do it immediately? Not sure how long this kind of thing takes? What happens if I don''t make the payment? Can his solicitor charge interest?Should I ring the Court up to explain?

  • .Charles
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15 Jun 12 #336822 by .Charles
Reply from .Charles
The court will not be interested in your case unless your ex applies to enforce the order as the court has already dealt with your case.

Sorting everything out that you need within the current timescale is unlikely. You are better off containing your ex''s solicitor and telling them that the timescale is too short as you now realise that there are various arrangements to make prior to the implementation of the terms of the order. Whilst writing, you should specify what you require from your ex e.g. signing of various documents.

Unfortunately, interest is normally payable when you default on an order to pay money. Generally, you calculate the daily interest rate and add on the appropriate amount when you finally pay the money. Not all recipients ask for interest though so don''t roll over straight away!

Charles

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