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Breach of consent order

2 replies

User09876902357891 · 16/09/2024 13:36

Court approved financial consent order 28 days ago as part of divorce. Ex was ordered to pay a lump sum in exchanged for my equity in the home. Tomorrow is the date for this to be done but I haven't had anything to sign let alone funds being released.
My purchase of a new property is dependant on this. Does anyone know what I can do legally and how long it will take?

OP posts:
amothersinstinct · 16/09/2024 13:50

Unfortunately you'd have to take him back to court to get him to pay it - in the financial consent order it should stipulate the consequences of not paying by the deadline like having to pay you "rent" and incurring interest on the equity etc.
my own solicitor who was appalled by ex husbands actions said off the record if I didn't pay by the deadline ex would have to take me to court but the backlog was months/over a year ....but obviously I could drag it out but a judge would take a dim view of it when it eventually did get to court

amothersinstinct · 16/09/2024 13:53

The 28 day deadline though also is a bit tight ....there is no way most mortgage lenders would turn around additional borrowing and your ex getting a solicitor on board completing searches and removing you from the deeds within that timescale? And I can't imagine he would have started the process until the financial consent order had been sealed

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