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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Vacant possession order breach

  • whymarry
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02 Oct 24 #524276 by whymarry
Topic started by whymarry
Hi, I have an order for my Ex to give me vacant possession of the property so I can sell it by auction. Unfortunately, he didnt give it to me. Can anyone advice if I need to get a "possession" order and "baliff" clause in the order before I auction it? Auction house requires vacant possession. Is it best if I apply for contempt of court order or as a D11?

Below are the specific clauses from the order:Order for sale12. The ____ Property shall be sold and the following conditions will apply:a. the property shall be placed for sale at auction;b. The applicant shall have conduct of the sale;c. The applicant shall instruct solicitors to have the conduct of the conveyancing work relating to the sale; andd. the proceeds of sale shall be applied as follows:i. in payment of the solicitors’ conveyancing costs and disbursements in connection with the sale;ii. in payment of the auction house charges;iii. to discharge the Mortgage, any other incumberances and any outstanding service charges;iv. in payment of any Capital Gains Tax payable by the Applicant wife and/or the Respondent Husband upon the sale; andv. in payment of the balance to the respondent.Vacant Possession13. In order to facilitate the sale of the property the Respondent Husband shall give the Applicant wife possession of the _____ Property by 4pm on 4 July 2024Ongoing Liabilities14. Pending compliance with paragraph 11 and/or 12 and 13 of this order the Respondent shall continue to discharge the mortgage and any service charge liabilities arising in respect of the property in full.15. The Respondent Husband shall indemnify the Applicant against all and any charges or liabilities relating to the property.

  • Stuckinarut62
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10 Dec 24 #524705 by Stuckinarut62
Reply from Stuckinarut62
My final order required sale of the FMH, but my ex resided in the property and derailed a sale that I had agreed. I went back to court asking for possession and eviction. I completed a D11 form and attached a statement outlining the background. The judge granted a possession order and I evicted him from the FMH in August. A sale is going through but he is refusing to sign the sale documentation. My order states that I have permission to make an application for the judge to sign the documentation on his behalf, so that is what I will be doing next!

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