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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.

 

Ex isn''t complying with Consent Order-what next?

  • Ebonee67
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13 Jan 16 #472215 by Ebonee67
Topic started by Ebonee67
Can someone please advise what my next course of action is if my ex isn''t doing what he has agreed to on the Consent Order? ie: remove his name from joint bank account, transfer the house to me, set up a legal charge over it for his 49%.
I presume I will have to take him back to court? which form? how do I apply for him to pay my costs? and will I have to pay first and claim back from him? how much?
We are not on speaking terms and the best I can do is e-mail him which usually is an excuse for him to verbally abuse me in his reply!

  • TBagpuss
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18 Jan 16 #472521 by TBagpuss
Reply from TBagpuss
What steps have you taken?

Normally, when a house is to be transferred, it would be your solicitors who would prepare all of the documentation and would send him the TR1 (trnassfer deed) and any declaration of solvency to sign. It would be appropriate for him / his solicitors to draw up the charge but they may wait to do this until they have recieve ddthe draft TR1 and ofice copies from your conveyancer, as they will need some of the information from those documents.

Similarly, if he is supposed to be taking his name of a bank accoutn I''d usually recommend that you get all of the forms from the bank, complete these, and send them to him so he literally only has to sign.

If you have sent him all of those and he has not responded then you would need to apply back to the court. If sucessful, you may get a costs order but yes, you would have to pay the court fees etc up front, and most likely your solicitors costs, although that would be up to your solicitor. If a costs order is made, that is a debt your ex would owe you - you would still have to pay your own legal advisor whether or not you got the money back from your ex.

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