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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

What order do you do these in?

10 replies

MissyTB · 10/09/2017 06:50

What should happen first?

The contracts signing on the house sale or the consent order being signed or the divorce being finalised?

What order are these three things normally completed in and why?

OP posts:
MrsBertBibby · 10/09/2017 07:18
  1. Consent order signed
  2. Consent order approved
  3. Decree Absolute
  4. Exchange on sale.

The risk of committing to the sale earlier is that if one party changes their mind before the order is sealed you have committed to sell with no guarantee you will get funds for your purchase. So either you are homeless, or you break the sale contract and get sued to buggery.

Often the decree Absolute can safely be obtained before the consent order is finalised but it depends on all the facts.

MissyTB · 10/09/2017 07:25

What if after signing the consent order and decree absolute, he decides to not want to sell the house? I cannot stay living with him but can't afford to move out without 50% of this house

OP posts:
MrsBertBibby · 10/09/2017 08:07

Then you go to court to enforce the order for sale.

MissyTB · 10/09/2017 08:48

How time will that take?

I fear I will lose my buyer as they have sold theirs

OP posts:
MissyTB · 10/09/2017 08:51

I'm only asking for 50% of the house and nothing else to try to make him realise I'm not being unfair or greedy

We both work and earn a similar amount

Although my money is "family money" and his money is his

I have one car

He has 5

OP posts:
MrsBertBibby · 10/09/2017 10:05

You don't even have a deal yet? That really is putting the cart before the horse.

Have you seen a solicitor? I think you are going to have to resign yourself to losing this sale. Get a proper deal, get a consent order lodged, then get on with selling.

MissyTB · 10/09/2017 11:31

The deal is 50% of the house

My solicitor is drawing up the consent order at the moment

OP posts:
MrsBertBibby · 10/09/2017 13:37

Oh that's not so bad then. Put a rocket up the solicitor and cross your fingers.

MissyTB · 12/09/2017 16:27

It takes 8 weeks for the consent order to come through after the nisi has been granted apparently

That sounds like a long time

OP posts:
Moanranger · 13/09/2017 01:18

I agree with Mrs. You may loose the sale, but really important to get the consent order.
Why do you care what he thinks? You need to protect yourself, your capital & any DC you may have.

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