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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.

Stressed about consent order

6 replies

MyOliveFox · 19/06/2024 12:17

I feel like this process is dragging on for ages and I just need some reassurance that everything will work out!

Finally started a sole divorce application in October after my ex kept stalling on starting the process. We have no children, no assets and we never fully combined our finances, though we contributed equally to household expenses throughout. We were married for about 3.5 years before we separated.

I've done everything throughout and though he hasn't really been able to be obstructive, he definitely hadn't been in a rush about anything!

The solicitor sent our clean break consent order to the court about 5 weeks ago. They said it's usually approved in about 4 weeks but I realise it does depend on how busy the court is. I can apply for the final order tomorrow so I was hoping it would have come back by now. I'm a little worried it might be rejected because the split appears uneven, though that's because I have a student loan and he doesn't.

It feels a bit more urgent because I started looking at houses recently (I've always rented until now) and I unexpectedly found somewhere very quickly and had an offer accepted last week. I'm concerned that not having a consent order could effect the mortgage application, though I do know people in a similar situation so I hope not.

I just feel like I won't be able to relax until it's all sorted and it feels very uncertain!

OP posts:
Jonathan70 · 19/06/2024 12:46

I wouldn’t worry because, if you see other threads on this, they seem to be taking a little longer than that at the moment so you’ll probably get it through in next few wks. Assuming the consent order is not ridiculously uneven, your accompanying D81 will show the student loan and it should go through. As it’s a short marriage, I’m guessing you’re roughly 50/50 and taking out what you brought to the marriage? If that’s not the case, you may find the order is queried….
By the time that the house survey has been done, the order will probably be through - conveyancing usually takes about 3 months or so. Even if it’s done quickly, it will be 6-8 weeks so you’ve got time to get your consent order in time for the mortgage company to complete your application.

lutestring34 · 19/06/2024 21:34

MyOliveFox · 19/06/2024 12:17

I feel like this process is dragging on for ages and I just need some reassurance that everything will work out!

Finally started a sole divorce application in October after my ex kept stalling on starting the process. We have no children, no assets and we never fully combined our finances, though we contributed equally to household expenses throughout. We were married for about 3.5 years before we separated.

I've done everything throughout and though he hasn't really been able to be obstructive, he definitely hadn't been in a rush about anything!

The solicitor sent our clean break consent order to the court about 5 weeks ago. They said it's usually approved in about 4 weeks but I realise it does depend on how busy the court is. I can apply for the final order tomorrow so I was hoping it would have come back by now. I'm a little worried it might be rejected because the split appears uneven, though that's because I have a student loan and he doesn't.

It feels a bit more urgent because I started looking at houses recently (I've always rented until now) and I unexpectedly found somewhere very quickly and had an offer accepted last week. I'm concerned that not having a consent order could effect the mortgage application, though I do know people in a similar situation so I hope not.

I just feel like I won't be able to relax until it's all sorted and it feels very uncertain!

Hey this is exactly what my brother is going through! He had the same issues with an ex who delayed everything! He sent his consent order to the courts 3 weeks ago and still nothing. He is also actively looking for a house as he is being evicted from his rental property in Sept due to the owner wanting to sell the house!

He has seen a few houses that he really likes but doesn't feel confident to put in an offer without having the consent order approved. You see his ex-wife solicitor's is holding his share of funds from the sale of their previous house so he wont get this until the order is approved.

3 weeks and waiting! he rings me every day to tell me 'still no progress' can definitely feel his pain and your pain!

MyOliveFox · 20/06/2024 09:07

Jonathan70 · 19/06/2024 12:46

I wouldn’t worry because, if you see other threads on this, they seem to be taking a little longer than that at the moment so you’ll probably get it through in next few wks. Assuming the consent order is not ridiculously uneven, your accompanying D81 will show the student loan and it should go through. As it’s a short marriage, I’m guessing you’re roughly 50/50 and taking out what you brought to the marriage? If that’s not the case, you may find the order is queried….
By the time that the house survey has been done, the order will probably be through - conveyancing usually takes about 3 months or so. Even if it’s done quickly, it will be 6-8 weeks so you’ve got time to get your consent order in time for the mortgage company to complete your application.

Thank you! I did see one of your posts and it's reassuring to know other people are going through the same thing.

I called the solicitor yesterday and it turned out my ex hadn't signed the forms!!! I was so frustrated with both him and them for not telling me that - I was under the impression everything had gone to the court. I contacted my ex and he said he hadn't seen them come through, which is completely ridiculous considering I'd told him to look out for them. Anyway, he signed straight away after that, but it looks like it will be at least another four weeks.

Yes, we are just walking away with what we came in with. We have reasonably similar incomes and pensions, though I have more savings and student debt.

OP posts:
MyOliveFox · 20/06/2024 09:11

lutestring34 · 19/06/2024 21:34

Hey this is exactly what my brother is going through! He had the same issues with an ex who delayed everything! He sent his consent order to the courts 3 weeks ago and still nothing. He is also actively looking for a house as he is being evicted from his rental property in Sept due to the owner wanting to sell the house!

He has seen a few houses that he really likes but doesn't feel confident to put in an offer without having the consent order approved. You see his ex-wife solicitor's is holding his share of funds from the sale of their previous house so he wont get this until the order is approved.

3 weeks and waiting! he rings me every day to tell me 'still no progress' can definitely feel his pain and your pain!

I'm sorry to hear your brother is going through this too.

My situation is simpler because there's nothing to split and I'm a first time buyer, but I was really worried not having it all complete would affect the mortgage application. I explained the situation to the broker yesterday afternoon and he didn't bat and eyelid and submitted everything to the lender who've agreed in principle.

That made me feel better and despite the further delay (see my comment above), everything should have gone through by the time I'm ready to complete.

OP posts:
Mcca501 · 22/06/2024 07:49

I am still waiting for the approval of consent order after 8 weeks and it's a very straight forward one so sit tight as may be quite a while yet. Very frustrating

MyOliveFox · 23/06/2024 07:32

Mcca501 · 22/06/2024 07:49

I am still waiting for the approval of consent order after 8 weeks and it's a very straight forward one so sit tight as may be quite a while yet. Very frustrating

I found out not long after posting that my ex hadn't signed the forms and no one had told me! He has now but it's another very frustrating delay.

OP posts:
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