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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.

Original poster

Consent Order stress

6 replies

GlassHalfFull10 · 07/05/2025 15:13

Hi everyone, I know this has been done a lot but I am so stressed out, it's just beyond.

I had an offer accepted on a house a few weeks ago as ex agreed to buy me out of family house. As soon as I told him I'd had the offer accepted, he let me know that he won't go ahead with the buy out till the financial order stamped by the judge. I do realise that's the right way to do things, but given we have been living together for nearly a year (in hell) at this point, I figured we were doing the buy out before we did the financial order... He's delayed everything to this point so it's another delay tactic when the shit started getting real of me moving out.

Anyway, spoke to estate agent and he said that we should just go ahead with the sale and hold the sellers off for a few weeks as getting another buyer would take time and I still didn't have a chain as such. I think he is now regretting this as is chasing me every day and I have no idea of dates.

I am now weeks in and STILL waiting for a hearing date so that I can submit the financials. The forms/d81/consent order ready to go but state that I am moving to xx address and he's buying me out. The new house is hanging in the balance, owners getting very cross with the wait and I have no idea how many weeks I'm looking at, whether when it comes to it he will actually go ahead with it and it's just all too much. Also my oldest child is about to leave primary school so trying to minimise disruption as much as possible as he will be devastated when I actually move out.

Arg....I wish someone had a magic wand and could predict the future for me. I am trying to manifest myself in the lovely little house but then I am worried that all my hopes are on this place and it's really really hanging in the balance. If it doesn't happen, I really can't envisage how I will cope with living with him for another matter of months/a year to find something else.

There isn't anything else I can do at this point is there?

OP posts:
YetiRosetti · 07/05/2025 15:19

Sympathy. I am also going through a divorce and being bought out and the system really adds to the stress.

what do you mean a date for the hearing? What hearing? Usually a consent order would be done on paper but it takes weeks so if you haven’t even submitted it yet I’m afraid it’s going to be a little while

Anothercoat · 07/05/2025 15:19

What does your solicitor say?

Anothercoat · 07/05/2025 15:20

Yes why do you need a court date for the consent order? You can draw it up between you (with lawyers) and then they submit it for stamping by the court.

Original poster
GlassHalfFull10 · 07/05/2025 15:36

I believe you can't submit the financial order until the conditional order has been heard in court. I waited the 20 weeks from initial filing, had an email last month to say that I'd get an email by 10 June with the hearing date and then can apply for financial order. Then once that's submitted, another wait for the judge to review it and sign off or come back with questions...

All docs are drafted and ready, just can't submit them yet.

OP posts:
YetiRosetti · 07/05/2025 15:46

GlassHalfFull10 · 07/05/2025 15:36

I believe you can't submit the financial order until the conditional order has been heard in court. I waited the 20 weeks from initial filing, had an email last month to say that I'd get an email by 10 June with the hearing date and then can apply for financial order. Then once that's submitted, another wait for the judge to review it and sign off or come back with questions...

All docs are drafted and ready, just can't submit them yet.

Oh I see you don’t even have the conditional order yet. I’m really sorry OP but unless your vendor is prepared to wait, or your DH is prepared to buy you out before the consent order (but even then you may have to pay stamp duty surcharge on the new purchase as the land registry is taking months to register new titles so you’ll still be on the title to your current property, and you won’t have the protection of your ownership of your current property being transferred pursuant to a a consent order), I don’t think you’ll be able to make this purchase.

Original poster
GlassHalfFull10 · 07/05/2025 15:55

YetiRosetti · 07/05/2025 15:46

Oh I see you don’t even have the conditional order yet. I’m really sorry OP but unless your vendor is prepared to wait, or your DH is prepared to buy you out before the consent order (but even then you may have to pay stamp duty surcharge on the new purchase as the land registry is taking months to register new titles so you’ll still be on the title to your current property, and you won’t have the protection of your ownership of your current property being transferred pursuant to a a consent order), I don’t think you’ll be able to make this purchase.

Edited
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I am hoping that the vendor might wait. I've paid for the survey, searches etc. In theory, it could be done in 6ish weeks if everything goes swiftly. I'd love to receive that email with the hearing date, it'll be three weeks tomorrow (but Easter and BH probably delayed it). Anecdotally from a couple of friends, it can take just two weeks for the judge to sign it off once forms in, but I just can't predict it of course.

I'd never have gone for the house had I known this. I was just desperate to get out of current living situation and can't afford to rent.

OP posts:
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