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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.

 

Equity release from a solicitor

  • PeeledBanana
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20 Dec 24 #524761 by PeeledBanana
Topic started by PeeledBanana
Hi can anyone help after three months since a house was sold the money has still not been released from the solicitor holding it this is because my ex partner refuses to acknowledge her share of the equity because she doesn't agree with her amount even though the percentages were worked out and in an order. The only thing I can see to get the money released is an enforcement of the order because this solicitor will not release this without her acknowledgement. Please if anyone can offer advice I would appreciate this

  • WYSPECIAL
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21 Dec 24 #524769 by WYSPECIAL
Reply from WYSPECIAL
You’re correct, you need to apply to court for enforcement.
You could try writing to the solicitor first pointing out the terms of the existing court order.

  • PeeledBanana
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21 Dec 24 #524770 by PeeledBanana
Reply from PeeledBanana
Many thanks for the reply, solicitor fully aware as detailed that, so looks like it's enforcement time, which can be very lengthy. 🙄

  • EMC3419
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21 Dec 24 #524771 by EMC3419
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It's more than likely that your ex will have to pay costs if you have to enforce. What I recommend you do is give her an ultimatum to release the equity within a week and point out she will lose about £10k in legal fees if she doesn't.

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21 Dec 24 #524775 by PeeledBanana
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Thanks again for the response, she doesn't understand as too many have given her 'advice' her solicitor is the one who has threatened, I imagine he is only trying to scare monger me, so I've gone quiet and see if they respond. If they don't respond in a week I will tell them I am making the enforcement and will file for costs.

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21 Dec 24 #524780 by EMC3419
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If her solicitor is telling her to frustrate a court order that is a very serious offence. They are an officer of the court and are encouraging their client to be in contempt.

I would suggest you give the ultimatum now and also inform her solicitor that you are aware of their behaviour and will be reporting them to the SRA.

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22 Dec 24 #524786 by WYSPECIAL
Reply from WYSPECIAL
If ex is refusing to acknowledge receipt of money and solicitor won’t release without it that doesn’t really affect you.

There is nothing to stop them releasing your % to you.

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