Ex Bankrupt and consent order.

Hello

I have recently came out of bankruptcy, nearly a year now.

During the long winded and delayed divorce which has taken well over 4 years, my X refused mediation as she did not like her affairs pried into, which meant legal aid for me and lots of back and forth. To cut a long story short my solicitor at the time suggested a Clean Break as I had in effect nothing. My X''s solicitors wrote back asking that the charge the OR had place be removed! Not sure how they thought that would work as it was out of my control.
Anyway, 5 years down the line, and nearly another year after the Nisi. My X wants to sell the house. She will be getting circa £25,000 I of course will get nothing, as my share will pay the OR, which is fair enough.

I took a free hours advice from a solicitor, they suggested that perhaps I should ask for the clean break again, as I still had very little, and that my x wife would get the money from the sale. This is all I hoped for as at the moment I cannot afford to pay any fee to a solicitor. I wrote to my X''s solicitor saying that I would be happy to sign the house sale documents if I got a clean break. Also if she would pay for my legal expense to expedite the sale (and also encourage her to not keep arguing)

Basically I got a reply saying that my wife stated that the sale had nothing to do with the Consent Order, and that the terms of the possible order are explored? But will take a considerable time! (Not sure how, I really have nothing) Also they sent through form D81 Consent order and ask me to sign the last two pages, 5 & 6 and return them? Not sure of the implications of that either.

So in essence do I just sign the house away? and not push for the clean break? I get the feeling that my X who was quite devious with finances may well need time to hide some money.


Any help welcome, I am stuck not knowing what to do, and unable to get any free legal advice.

I for one cannot offer any constructive advice, but I am sure some wise wiki''s will be along who can.

Surely though it means what it says on the box "A CLEAN BREAK" ...

After such a long time,dallying with your divorce,surely she would want to meet you halfway and get it out of the way so both of you can move forward with your lives.

Although your final sentence says it all.

Hiding the money.......
Some folk:(

Anyway,best of luck with this.
Take care
Afon xx

Thanks

I expect that last sentence sounded bitchy. But after 30 years of marriage she hid a bank accounts and cards, and I know for a fact that inheritance was seeded into others accounts. To be honest I really could not care less, I do not want her money, I hope it makes her happy and that she just goes away.

I totally feel the same after 30 years marriage,it came down to him fighting over money.

I never wanted to be where we were,that was his fault,and I offered a solution regarding the finance deal,but him being the arrogant twock that he is did not want that,so he had to do things his way,and his way has cost him so much more financially...

Hey you live and learn
I''m living:)

And he''s learning;)

Take care
Afon xxx

I wonder if anyone can advise me? my X''s solicitor sent through a draft order, which I was not happy about the price our old property was to be sold for, and that unless it met that price then she would still pursue me for the following :-

n the absence of receiving all the necessary paperwork fully completed, signed and dated (namely the consent order, statement of information form and Form A for dismissal purposes only) within 7 days of the date of this email then X wife will apply to the court for all forms of financial relief including the maintenance, capital provision and pension sharing, as maybe appropriate.

I am feeling very intimidated by this, as they failed to reply to my questions, and just basically ignored anything I wrote to them. Can they force a 7 day deadline? I cannot afford a solicitor and am relying on CAB and Pro Bono, and cannot get an appointment till after their 10 days.

It seems that it is not so much a negotiation, more a case of this is it, lump it !

Any help welcome, I am losing sleep over what could happen.

Drift

As a bankrupt myself I am surprised your ex even has a solicitor, how can she afford it? I know I couldn''t and can''t.

I tried to get my house sold before the financial settlement that was dragged through the courts by my stbx, he just kept saying he was trying to get the best price for it, and courts let him keep the house (even though I could prove the house was dropping in price and offers)two days after settlement he accepted the lowest offer and the house was sold I knew he was keeping hold of it just so that he looked in a worse position, and it turns out the offer was on the table when we went to court so he knew he was going to accept it

All I ended up with was a low pension share, the Judge said because of debts that stbx would have to take on it was fair.I never got any maintenance or anything else as a lump sum would go straight to bankrupts official receiver.

Not only did stbx sell the house, he somehow got out of £30,000 worth of debt and that has gone back to my official receiver to come out of any monies that they can get from me (which Judge believed he would get), and has moved in with the OW which I said he would, so has no where near the debt the Judge believed he would and is now over £1,000 per month better off and a very nice big pension share after being together for 30 years and married for 23 years.

His solicitor intimidated me all the way, and would even tell me false information to try and get me in trouble with the court.

She also ignored me, I would say if I can help you in anyway I will, stbx solicitor gave me deadlines, I just kept replying with things like I note your letter of (whatever date) however I am still awaiting a reply from my letter dated ****, until I receive this I feel I cannot reply to your letter as I do not have the relevant information - You will get a Pro at writing this type of letter

I went to court all the way to the final hearing in front the Judge I nearly gave in just before we went in then decided to go through to see the Judge to know I got the best outcome I could with the ''evidence'' I presented

It is all part of their games to get you to buckle under the pressure, but only you can decide what is right for you.

I also think the government need to urgently do something to help people who have no choice but to self rep, and can''t wait for some person to take it all the way to the high courts and beyond to challenge them.

I hope your CAB can help you as mine were absolutely useless, and you are very lucky if you have Pro Bono help.

Thanks for the reply.

Must admit I am a little daunted by the thought of court.

In my case I am now discharged from bankruptcy, and have managed to start up working for myself again. However my income is not good, and I am just about getting by. I was however very lucky to find a lovely woman who is now my new partner who has supported me financially, and kept a roof over my head.

My concern is my X will somehow make a meal out of me co habiting? Not that my partner is that wealthy, but she has a buy to let house (her old one) and a new house which has a mortgage. My name does not appear on anything other than the rates, which I pay as part of my share of the expenses.

As for pro bono, I would be happy to list all the places I have found should anyone want them. BUT be aware they cannot always fit you in quickly. It would be nice to have somewhere that was cheaper to get advice, especially with form filling. I decided to invest £90 on a fixed fee consultation for advice, hope I can make some headway with this.

Drift.