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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I are in the course of separation, selling the

Customer Question

My husband and I are in the course of separation, selling the family matrimonial home, and me (wife) buying a smaller property to house myself and our 3 young children. In our financial settlement, my husband is taking a cash lump sump on sale, but requires a legal charge to be placed on my property which will already have a first charge with my lender. The charge needs to secure his remaining 5% interest in the property. This amount requires triggers in place, namely (1) me (wife) co-habiting for more than 6/12 month period; (2) remarrying; or (3) youngest child reaching the end of full-time education (aged 21 if attending university). Could you please direct me a standard form or a form which I can tailor to suit the above criteria?

Many thanks
Mrs B
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Are you talking about the Consent Order or the Legal Charge?
Clare
Customer: replied 2 years ago.

Hi Clare


 


Referring to the Legal Charge as a priority (exchanging this Friday so time of the essence as Lender needs to see/know about LC).


Do we also require a Consent Order also to attach with the triggers? My husband and I do not want to go down the route of divorcing yet, but wonder if in order for the Consent Order to be actioned divorce proceedings should be commenced. Is that the case, and if so is there a way around it?


 


I look forward to hearing from you


 


Regards


Claudia

Expert:  Clare replied 2 years ago.
Hi
Are you using a High Street Solicitor for the Conveyancing?
Clare
Customer: replied 2 years ago.

Using Attwells, Ipswich office. They've asked me to draw up a legal charge which they will action, but I need to complete and return signed by myself and my husband as a matter of urgency today!

Expert:  Clare replied 2 years ago.
HI
Have you asked them to draft it?
Clare
Customer: replied 2 years ago.

No, but will do if this becomes protracted. My initial question was directing me a form of Legal Charge that I could tailor for my husband 5% interest. Also, the form of Consent Order. Could you please provide or direct me to a Legal Charge that I can download?

Expert:  Clare replied 2 years ago.
Hi
As far as I am aware there is not one available on the net as they are usually drafted to reflect the particular needs of the client at the time.
I have just looked at all the self -help books on Amazon and cannot find any that have a draft charge in them either and the Matrimonial Conveyancing Handbook whilst cheap is not available online - although I know that does have a precedent in it
YOu cannot get a Consent Order unless there are ongoing Divorce Proceedings - but there is a Precedent for that - or rather a selection of paragraphs that can be turned into a consent order here http://www.daviessolicitors.co.uk/forms_davies/Divorce%20&%20Separation/Consent%20Order.pdf
With better examples here
http://www.amazon.co.uk/Your-Own-Divorce-Practical-Divorcing/dp/1845283554/ref=pd_ybh_10
I am sorry not to be able to offer anything more solid
Please ask if you need any further details
Clare

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