liberty to apply

Hi all think I have messed up , while representing myself I failed to get the clause liberty to apply included in the final Consent Order which has now been sealed for over 4 months ,
Have now got a problem with trying to implement the sale of the M.H does this clause have to be included in the consent order , any one have any advice as to how to proceed ? many thanks for any help with this .

Not to worry, though it should be included and almost always is you still have the right to go back to court for implementation of the order.

So nothing to worry about.

thanks dukey for the quick reply , to broaden out the detail a bit on the court order it simply states that the .F.H is to be sold and proceeds divided 50/50 but as my ex is not playing ball with the sale of the property or any offer to buy her out , how do I proceed to get it back before the judge in practise? many thanks

No disrespect but that''s you having a bash at what it actually states, verbatim my friend, word for word.

How to get it into court, simple form D11, order sought, can''t say without the wording, cost, I think £80 these days.

Thanks again dukey no disrespect taken ,will dig the order out and post in the morning , its way past my bed time now

Hi again Dukey sorry for the delay , the consent order is worded as follows
1/ The former M,H, shall be offered for sale on the open market and the following consequential provisions shall apply
a)the property shall be marketed by an agent agreed by both parties or in default determined by the court.
b)the property shall be offered at a sale price agreed between the two parties or determined by the court.
c)a solicitor agreed by both parties shall have conduct of the sale.
d)the net proceeds of the sale the balance left of the gross proceeds of the sale after discharge of the mortgage on the property ,estate agents fees and legal fees shall be utilised as follows.
i in payment to the Petitioner 50%
ii in payment to the respondent 50%

hope that helps in terms of the correct wording in relation to the property.
In kind anticipation

I know it''s a pain to type but it''s best to get it done so decent answers can be given.

So, no problems with the order, go ahead with the D11, it''s worth writing first, recorded of course, outline that if no reasonable solution can be found, say in 14 days you will apply to court for an order of sale and seek full costs for doing so.

If the letter fails, so be it, the judge will prepare an order in line with the existing consent order.