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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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I need a consent order for a divorce looked at

Customer Question

I need a consent order for a divorce looked at
Submitted: 2 years ago.
Category: Family Law
Expert:  familylawexpert replied 2 years ago.
Hello,
My name is ***** ***** I can help.
Can you attach/email the document?
Regards,
Mac
Customer: replied 2 years ago.
​​​​​​​​ ​​ Case Number *****
In the Chichester County Court
The Matrimonial Causes Act 1973
The marriage of Deanna Mary Scrivens and Ian Charles Scrivens
ORDER MADE BY ON 2 August 2014 SITTING IN PRIVATE BY CONSENT
INTRODUCTORY
1. "The applicant" is Deanna Mary Scrivens
"The respondent" is Ian Charles Scrivens
2. IN THIS ORDER the following words shall have the following meanings:
"The former home" shall mean***** Bognor Regis, West Sussex, PO21 2BG.
"The mortgages" shall mean the mortgages secured upon***** Bognor Regis, West Sussex, PO21 2BG in favour of Lloyds Bank Plc and Swaththling Housing Society Limited.
The "actual proceeds of sale" referred to above means the open market value of a property with vacant possession between willing seller and purchaser at the date of redemption of the legal charge or, if the property is to be sold, on the actual sale price on completion of the sale.
3. The applicant and the respondent are fully aware of and understand the terms of this order and the rights and responsibilities they are surrendering or acquiring.
The applicant has taken independent legal advice on the provisions of this order and the respondent has been advised to do so and has had the opportunity to take advice but has declined to do so.
4. The parties agree that after the making of this order and its implementation no applications would remain to be pursued between them whether in this jurisdiction or abroad.
SCOPE
5. The applicant and the respondent agree:
That neither of them shall institute proceedings under the Trusts of Land and Appointment of Trustees Act 1996 or Law of Property Act 1925.
6. The applicant and the respondent agree that neither of them has any legal or equitable interest in the property or assets owned by the other except as provided for in this order.
REALTY AND HOUSING NEEDS
7. The respondent confirms that he is solvent as at the date of his signing this order in that:
(a) he is able to pay his debts as they fall due; and
(b) the value of his assets equals or exceeds the amount of his liabilities, including contingent and prospective liabilities.
PERSONALTY
8. The applicant and the respondent agree that the contents of the property known as***** Bognor Regis, West Sussex, PO21 2BG and their personal belongings shall remain the absolute property of the party in whose possession they now are.
ORDER INTRODUCTION
WITH EFFECT FROM DECREE ABSOLUTE IT IS ORDERED THAT:
LUMP SUM
9. The applicant shall pay to the respondent a lump sum of £0.05 on or before 1st December 2014
PROPERTY ORDERS
10. In accordance with the lump sum order at paragraph 9 the property known as***** Bognor Regis, West Sussex, PO21 2BG registered at the Land Registry under title number WSX30299 shall be sold forthwith on the open market.
The property shall be sold for such price as may be agreed between the parties or, in default of such agreement, as determined by the court.
The applicant shall have the conduct of the sale.
The applicant's solicitors shall have the conduct of the conveyancing work relating to the sale.
The property shall be offered for sale by estate agents agreed between the parties or, in default of such agreement, as nominated by the court.
The proceeds of sale of the property shall be applied as follows:
- to discharge the mortgages secured on it in favour of Lloyds Bank Plc and Swaththling Housing Society Limited;
- in payment of the applicant's solicitors' conveyancing costs and disbursements in connection with the sale;
- in payment of the charges of the estate agents;
- in payment to the applicant of the lump sum referred to in paragraph 9 of this order (payment of which will stand as full and final satisfaction of the applicant's obligations under that paragraph);
- in payment of the balance to the applicant.
CLAIMS TERMINATION
11. Upon:
(a) completion of the sale of***** Bognor Regis, West Sussex, PO21 2BG provided by paragraph 10 of this order;
(b) and payment of the lump sum as provided for by paragraph 9 of this order;
(c) and upon the making of a final decree the applicant's claims for financial provision, pension sharing and property adjustment orders will be dismissed.
AND the applicant shall not be entitled:
(i) to make any further application in relation to their marriage including under s23(1)(a) or (b) of the Matrimonial Causes Act 1973; or
(ii) to make an application to the court, on the death of the respondent for provision out of his estate.
Upon:
(a) completion of the sale of provided by paragraph 10 of this order;
(b) and payment of the lump sum as provided for by paragraph 9 of this order;
(c ) and upon the making of a final decree the respondent's claims for financial provision, pension sharing and property adjustment orders do stand dismissed.
AND the respondent shall not be entitled:
(i) to make any further application in relation to their marriage including under s23(1)(a) or (b) of the Matrimonial Causes Act 1973; or
(ii) to make an application to the court, on the death of the applicant for provision out of her estate.
ORDER FOR COSTS
13. The applicant and the respondent shall each bear their own costs of this application and the negotiations involved.
LIBERTY TO APPLY AND HEARING VACATION
14 . The parties may apply for further directions as to the implementation and timing of the terms of this order.
Signed: …………………………………………………………………… Signed: ………………………………………………………………….
Expert:  familylawexpert replied 2 years ago.
Thanks. Two short questions first:
(a) why are you being paid 5p?
(b) has anyone explained to you that your wife's "solemn oath" not to pursue a claim for maintenance for the children will not be binding on her? (In summary, it is a claim on behalf of the children, which is not hers to give up).
Customer: replied 2 years ago.
Not sure why I am being paid five pence. Also the Maintainance I was told there would be serious repercussions should she take a solemn oath and later pursue Maintainance. I want my wife to have sufficient money to purchase property and I don't see any alternative way to do it. Is there anything you would suggest that would enable her to keep the equity? I suppose one way might be for my share of the equity to be loaned to her an she pays me a weekly amount back up until the children are no longer entitled to Maintainance. I would welcome any suggestions.
Expert:  familylawexpert replied 2 years ago.
I am not sure what 'serious repercussions' were envisaged (if any) but there is nothing stopping her making an application to the CSA for child maintenance.
I auggest that the two of you have a separate agreement that:
(i) records the fact that you have agreed that she will have the whole of the house equity in exchange for agreeing that she will not pursue a child maintenance against you, and
(ii) provides for her to pay to you an amount equal to any sum that she receives by way of a CSA assessment, and that your entitlement to such payment shall be secured by way of a charge on the next home purchased by her.
For your information, this approach has been approved in the Court of Appeal.
I hope that is helpful.
Regards,
Mac.

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