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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.

Financial Consent Order Question

7 replies

beka88 · 17/04/2021 11:35

Hope someone might be able to help me with my question in regards to Financial consent order. In our consent order we have agreed not to spilt anything that we each own either money of property etc.

I have had my FCO refused by the judge for the two of the following reasons:

  1. Question 7a on D81 form it is saying that my ex husband property purchase answer makes no sense.

He has purchased a property last year in the amount of 110k and there might not be any equity. He has put 110k in his response.

I own my property in my sole name that has been purchased before our marriage but we have lived in my property during our marriage.
There is equity in my property which could be over 60 k depending how much it would sell for and a mortgage of 90 k outstanding.
So for question 7a I have put 90k mortgage and 60 k equity.
So for the question 1 my question is what does not make sense in my ex husband answer? How should we fill it in pls? Does the question 7 on D81 form means to fill it in if are splitting property assets or not it is confusing me now?

And the second reason it is been refused for:
'What is to become of the FMH and mortgage, the order is silent. Please clarify and amend'.
What should I respond to them on this question?
I have thought that since we have agreed that there would not be any splitting of assets that is quite clear what should happen to my property that I am a sole owner of. It is absolutely ridiculous decision and I am so annoyed.

Please anyone that could help me with this please I would be so great full. Thank you so much in advance

OP posts:
beka88 · 17/04/2021 12:07

Just another question: How should I respond to my 2 questions and what should I write on 'Why is it fair? that we are not splitting assets based on what we have jointly agreed as in our consent order.

OP posts:
watchglasses · 17/04/2021 12:08

Do they ask what the equity is for him and he didn't refer to it, just put i. The purchase price and so it doesn't make sense?
What does the question ask?

beka88 · 17/04/2021 12:25

So would I need to just reply for equity 0.

Capital

  1. Please give the following information for each party and the child(ren) (if applicable). Use additional sheets
if necessary. Jointly owned capital should be divided as appropriate and listed below. If no agreement has been reached regarding shares, it should be divided equally.

The question asks : Property and
(net of any mortgage(s)) for applicant ( myself) and respondent my ex
So he has put 110.000 (mortgage)

OP posts:
blackcurrantjam · 17/04/2021 16:21

Is it because he's not getting any equity out of the fmh? Shouldn't it be split?

ovenandpans · 17/04/2021 16:38

Net of mortgage means take the mortgage off so would be zero if valuation is same as mortgage (net)

ovenandpans · 17/04/2021 16:39

And for the why is it fair question
Literally why is it fair that he doesn't get a share ? If it is because he has the £110k house and that is comparable to the family home then say that is why it is fair

beka88 · 17/04/2021 17:18

Ovenandpans , thank you so much for clarifying it for me and your help on this .

Would you be able to help with the other question that Judge has asked to clarify pls?
'What is to become of the FMH and mortgage, the order is silent. Please clarify and amend'.
Should I say that I will stay in my home with our child? And what happens if I want to move later on and sell the property? And what I should write on the consent order in regards to this?
Thank you so much again, much appreciated

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