Can I receive my money before decree absolute?

[mamaAJJ]

My Ex and I have received a settlement agreement through mediation and have received our memorandum of understanding which we have both signed. I have a meeting next week to convert this into a consent order so we can submit with our conditional order next month. However, we have already sold our house, and the funds are sitting with a solicitor in trust gaining no interest and I am in the process of buying a shared ownership for my daughter and I. The solicitors with our money has advised that they can give us both the funds if we both agree in writing, however, Ex has said no as he wants to be indemnified from me being able to claim more 🙄- I definitely wouldn’t I just want to move on, but I would also like the peace of mind. Will the consent order being agreed be sufficient legal document to protect us and allow us to release the funds? Or is there another contract we can sign? Thanks! X

I wouldn’t if I was him tbh
Until the consent order is sealed it’s not final
and a judge may reject it or you wake up and decide it’s not enough etc
i know you say you won’t and I’m sure that’s true but he’s right to be cautious and wait until it’s completed

Thanks for your comment! I was hoping to when the consent order is sealed and approved, which would still be before the final stage of divorce. Think this is acceptable?

Once consent order is approved and sealed that is final as I understand

until that it can always been changed ( even if slim in reality )

I did, my ex-husband gave me my share of the house etc and we didn't get DA for another four months and it was another two months after that before the consent order was sealed, but I needed it to complete the purchase of my new property and it was in everyone's interest to move that situation on or we would have had to stay living together.

OP - it took longer to get the consent order sealed than it did the actual divorce done and dusted so bear that in mind!

We did, but it was only by 15 days or so. We’d done it all ourselves and it was pretty fair split so we didn’t think it was much real risk
BUT we’d both signed and given legal draft of consent to solicitors and both had legal advice on deal. We were certain court wouldn’t reject .
we both had houses we needed to get into,a a sale to complete

Gosh, we split all our money, except the house sale proceeds, 3.5 months before the CO was issued.

I transferred him an initial payment once the court had approved the financial consent order. I was advised not to do it before hand

Never before the consent order. Protects both sides and prevents one person backing out when already in receipt of funds