Consent Order

Hello
Hope someone can help.
I have applied for my Decree Absolute.
However I went to a solicitor and have paid £600 for a Consent Order, I am not happy with it and cannot afford to go back to have it ammended and they are not being helpful with our situation.
As both my ex and I have a house and no children, its on the market but we have had no interest in it. We have chatted and although at this time I am not in a position to buy him out I maybe in the future with my current partner and my ex is happy for me to do this if i can. The consent order orders us to sell the house, and the solicitor says it has to be that way or we have to say i will buy it. Basically she says we cant be vague. But at this time it is vague.
Not sure what to do as i need to complete to order really so we cant claim on each others income, pensions etc in future. But in submitting the order i am then shooting myself in the foot and not able to stay in my home.
Can we ammend a solicitors draft consent order and cross out the bits we don't agree on like that the house has to be sold? silly question i imagine!
thanks

Yes, you can amend it but it is very easy to introduce ambiguities or illogical wording into draft orders which may not be spotted when the Judge approves it. Technicialities may arise in the future which can be expensive to resolve.

It may be possible to have an either/or agreement whereby you are to sell the property or in the alternative you purchase your ex's share in the property. The calculation of the share can lead to difficulties as there will be no estate agent fees and the issue of how much the property is worth - if the property does not sell how much is a fair price?

Personally, I would go back to the solicitor and have it amended which should not cost too much but if you do not have the money then you are stuck with doing it yourself.

Charles

I agree with Charles.

In realtion to the 'you can't be vague' issue, the solicitor is ight up to a point - the whole point in having an order is that you have certainty and each know where you stand. However, it should be possible to amend the order to provide options - for instance; if what you & your ex have agreed is that the hosue won't be sold straight away, then the order can be drafted to set out when it will be sold.

This could include a provision for it to be sold if either of you gives the other (say) 3 months notice to do so, for instance, which would allow either of you force a sale if ou get tired of waiting. You can also set out whether the house will be sold in the event of you remarrying/cohabiting

The order would also need to clearly set out who is responsible for what in the mean time - e.g. if you continue to live in the house, are you going to be responsible for all maintenace and upkeep, or is he going to be liable to share the costs of any repairs in proprtion to his interest in the hosue? Who will pay for the buildings insurance?

You also need to make sure that there are provisions in the order setting out how your ex's share will be worked out - (if you are able to buy him out at some future date) Will it be a % of the net equity at the time you buy him out (which means he potentially benefits if you reduce the mortgage) or (more usual) a % of the gross alue, based on his interest in the current equity (So he beneits from any general rise in house prices, but not from paym,ents you make towards the mortgage)

Hi.
We ,too, had it in the order that the property was to be sold.
We used the consent order on this site as we were both in agreement about finances, and the future.
The order concerning the property had the term something like: "With licence to vary, providing the husband and the wife are in agreement" This gave us leeway to hold off the sale to see how things stood for each of us at the end of our mortgage break.
As it turned out, we sold & both went to rented, but the leeway was in place, in case one of us could have bought the other out.

bluehills,

I have witnessed as well as been subjected to the conditions of agreements that were prepared by sols yet flawed to varying degrees (some held as professional misconduct).

Unfortunately not all sols follow the principles as outlined by Charles and Tbagpuss above not to mention the sols Code of Conduct, statute, humanity, maths, grammar etc.

Whilst determined as a highly technical legal exercise that laypersons should not engage in, drafting fair and legally sound agreements is beyond the limitations (desire) of some sols and not beyond the capabilities of all laypersons.

E