My Solicitor says i can do nothing!!

i signed the Consent Order saying she can have house and i would pay mortgage until my name is taken off mortgage, how do i stand there? the fact is i signed it 3 months ago and she wont deal with it, can i now say thats void??? legally i may still have to pay as i agreed to!!!

Hi Secret,

Sounds like you are going through the mill a bit.

Reading through the thread, a couple of things struck me. It sounds like a total communication breakdown as you are only mentioning solicitors, and not what each other are saying to each other.
That in itself would make the process slower I would think.

You had a very long marriage. Did your wife really want the split or was it just you? This might be another reason for her taking it slow, the shock of a losing her husband will mean she will have to rethink the whole future, it will be so different. You have a new wife lined up, but does your wife have a new partner?

You said that your new partner might just give up on you if you aren't free to marry her soon. Why would she do that if she really loves/trusts you?

You mention your kids are grown up and she has poisoned them against you. Again a communication breakdown? If they are adults then surely they make up their own minds on how they feel about you. I am a touch confused, but it sounds very dysfuncional.

You often hear of divorce being dragged out for one reason or another, but it sounds like it could be quicker if you have grounds, what did your wife do wrong to cause the split? Can you use what she was doing wrong as grounds to divorce her?

Just a thought or two.....

its not as confusing as it seems and no she didnt want me to leave but i had tried leaving her so many times over the past 10 years and everytime i left she took pills, this last time she took pills 5 times, i was an emotional prisoner i was also told if i left i wouldnt see my grandchildren again, but i had to leave for my own sanity, and i had fallen in love with a very normal amazing woman, my daughters are their mothers daughters, the whole family on her side are an odd bunch, my wife says she cant come to terms with it according to her sol but its been 3 years and i have proof she is on dating sites calling herself divorced!! bit odd huh? she just doesnt want me to marry my partner or let me live my life, my partner does love and trust me but she has had and still has abuse from them and others that have been told lies by my wife and daughters, i want them out of my life, they hate me but they still want their claws in me.
Is consent order void now that she wont do anything with it? if i signed saying id pay mortgage until she takes over am i forced into this? even tho she refuses to send it to court?.

Hi SS

In the consent order was there a specific time ie like 56 days for names to be taken from the mortgage. That seems to be the normal time? There must have been a time given for all this to come to some conclusion. Otherwise this could potentially go on for 25 years!!!!!

Were time scales given? If so who has not complied with the order?

zara

not sure of timescale? she hasnt complied with order!! i havnt had a copy yet!! will need to speak to my uselesss sol again. thanks for everything

Hi Secret

In as far as I know, if the mortgage is in your sole name, then it is usually up to you to pay it until that is changed officially. Which is the bit you are stuck on, hopefully someone can answer that for you who has better legal knowledge or personal experience of consent orders.

Sorry to hear that your wife went to such drastic measures to try to get you to stay, in the past, it is sad that she would rather die, than lose you.
I guess we figure on growing old together, and starting over at a mature age is a duanting prospect for some.
The dating sites thing may just be her trying to feel less alone. As you say, you had someone that you were leaving her for, she has yet to fill the void.

You didn't say if you had grounds for divorcing her. If it was that bad that you kept trying to leave, then surely something must have caused that? Perhaps you could use those reasons and file for the divorce.

All said and done, not paying the mortgage would be a big mistake - you'd look pretty stupid in court if she was being evicted and teh house repossesed.

are you still happy with that consent order? Just get the consent order signed and stamped. You need to speak to DL but I'm sure there will be a procedure whereby the consent order can be implemented by the Judge if she won't sign because at the end of the day the courts will impose a settlement if you can't come to one.

Oh, and find another solicitor