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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.

 

Court Order ignored

  • learningfast123
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01 Sep 11 #285713 by learningfast123
Topic started by learningfast123
Last year my now ex wife and I agreed the financial split and in January 2010 a Court Order was issued. I agreed to pay the mortgage for 12 months, and the Order stated that the house should be put on the market in Feb 2011.

However, my ex, who still lives in the house, refuses to co-operate and refuses any communication on the subject, which means that even though we both agreed that the house was to be sold, and there is a Court order in place to that effect, nothing has happened. Can anyone please advise me on how to proceed?:(

  • rubytuesday
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02 Sep 11 #285850 by rubytuesday
Reply from rubytuesday
A Consent Order is enforceable by Court - so if any clause isnt be adhered to, then you can return to Court to have that clause enforced.

A Consent Order is just that - both parties have given consent to the detailing and content of the Order, thus suggesting that both parties were happy to sign.

Could there be reason why she is so far, refusing to reply to any correspondence on this matter? Could it be that she is worried about where she will live once the house is sold?

  • jonathancj
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21 Sep 11 #288818 by jonathancj
Reply from jonathancj
Make an application under the "liberty to apply" provisions. This means that the court can order that the property go on the market with a specific estate agent, at a specific price, with a specific level of offer to be accepted. If the occupying spouse impedes viewings or marketing generally, a court can order them to leave the property. If he/she refuses to sign any necessary documents, the court can sign them instead.

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