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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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  • MrSWB
  • MrSWB's Avatar Posted by
  • Junior Member
  • Junior Member
20 Aug 17 #495677 by MrSWB
Topic started by MrSWB
i was divorced in 2001
I have a signed heads of settelement document, detailing me 35% chargeback on the house.
I have a minutes of Consent Order signed detailing the same, but not stamped by the court.
i have a Prayer from my ex wife asking for all the usual orders, stamped by the court (this should overrule the remarriage trap).
all terms of the Consent Order have been met
both parties have remarried
the home has been sold (she has taken the money)
she will not give me my money

I need a solicitor who can get my money back.


  • .Charles
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21 Aug 17 #495698 by .Charles
Reply from .Charles
If you have an agreement that was never stamped by the court, it is not an order and it is not enforceable.

However, if you had an agreement, you can apply to the court for an order that the agreement was a binding agreement.

You do potentially have a difficulty though. It seems that your ex wife was the petitioner (where you refer to the prayer for the usual orders). The remarriage trap only applies to her as she has already made her application which lies dormant until she decides to apply to the court.

As your ex has what was agreed (plus a bit more), she is unlikely to apply to the court for an order.

There are other types of application that can be made and you will need to speak to a solicitor who specialises in family finances but is also familiar with Trust of Land and Appointment of Trustees Act 1996 claims - often referred to as TLATA or TOLATA ('Tollarta').


  • MrSWB
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  • Junior Member
  • Junior Member
22 Aug 17 #495760 by MrSWB
Reply from MrSWB
Thanks Charles, very helpful.
I will take your advice.


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