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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.

 

Consent order breach

  • rida5678
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22 Sep 24 #524084 by rida5678
Topic started by rida5678
We have a financial order in place which states a transfer of equity to me in exchange for a lump sum payment from my ex. The court ordered deadline for this payment was over a month ago. Her solicitor has asked me to sign the TR1 transfer form but keeps ignoring my questions about where things are at with my ex's remortgage which is how she is meant to be raising the lump sum. What do I do now?

  • .Charles
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23 Sep 24 #524085 by .Charles
Reply from .Charles
Do you mean a transfer of property to you and a lump sum or do you mean a transfer of property to him in exchange for a lump sum to you?

If the latter, you would normally sign the TR1 which is held to your order on an undertaking from the solicitor. This means that they promise to you to not use the transfer until such a time that they can release the lump sum to you.

The reason for this is that the transfer of title to one person occurs simultaneously with the remortgage and the transfer of lump sum to the other party.

Charles

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23 Sep 24 #524086 by rida5678
Reply from rida5678
Thank you Charles. Apologies for the confusion, yes the latter, ie the house is to be transferred to her, and she is to pay me a lump sum. The lump sum, should have been paid to me in August, as per our court order, but to date I have received nothing. I have enquired with her solicitor about this but they are not responding. Is there a way I can get this enforced?

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