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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

  • manny65
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28 Apr 15 #460545 by manny65
Topic started by manny65
I have a Consent Order that states that i have use my endeavors to release my ex-husband from any charges on the property within 56 days.

when contacting the solicitor he told me the consent order was not enforceable.

I have tried to make payments to the mortgage lender but refuses to deal with me.

I also received 2 endowment policies which has taken me 12 years to get my ex to assign the policies over to me.

I have also been to the financial ombudsman who tells me that a consent order should over ride all contractual arrangements made in the past.

problems so far

1) consent order not actionable.
2) mortgage lender will not work with me.
3) consent order not of any beneficial to me as i can not use it.

it would nice if i could be guided to what i could do.

  • .Charles
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29 Apr 15 #460615 by .Charles
Reply from .Charles
Why does the solicitor think the order is unenforceable?

The financial ombudsman should not be giving legal advice but to which contractual arrangements were they referring which have been superseded by the consent order?

Charles

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29 Apr 15 #460670 by manny65
Reply from manny65
the solicitor told me it was not enforceable.
And when i asked why he said it only covers the endowments not the capital side of the mortgage.

I was then left with having to cover payments but when the endowments had a shortfall the bank have refused to work with me.

The financial ombudsman told me when i asked what purpose of a consent order was concerning joint mortgage i was told that the consent order is to over ride the contractual arrangement. Due to me being given the family home and 2 policies.

I have also been told by the solicitor that the consent order made was not different to any other.

I beielve the solicitor was negligent

what do think, Charles?

and thank you for responding.

  • manny65
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29 Apr 15 #460672 by manny65
Reply from manny65
Hi just read your response again.

The ombudsman was referring to the payments for the mortgage.

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