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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 situation is this: I am currently going through a divorce

Resolved Question:

Hi, my situation is this:I am currently going through a divorce and everything is going smoothly. The ex wife has found a new home to move into and i have required a mortgage promise to keep the original house. I am funding the purchase of the new house for the ex wife partially from a gift of money from my parents with the rest made up by myself. The house cost is £325000 but she would get the whole amount of £358400 on transfer of the deeds. The lump sum agreed in the drafted consent order to end the marriage and financial ties. (outside child maintenance and spousal maintenance).Now unfortunately the transfer of the joint house deeds into my name and her purchase of the new house will fall well before our consent order has been seen by the judge and well before our decree absolute which would make the consent order legally binding.I am looking for a solution to protect both parties so she can't claim any more money from myself I.e change the consent order and for her so that i can't do the same before the decree absolute makes the consent order legally binding.If we draw up a contact what should be in it etcMany thanksScott Kinnear
Submitted: 28 days ago.
Category: Family Law
Expert:  Clare replied 28 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How far has the divorce actually reached?

Has the Consent Order been signed?

Customer: replied 28 days ago.
Hi Clare, thanks for your response. Here are the answers to your questions.The divorce has been filled by the court and we have applied for our decree nisi. (13th November)The consent order is is currently in the draft stage. We have both had legal guidance with respect to what we feel is a fair split. We are then waiting for our decree nisi to come through to then send it to the courts. Hopefully fingers crossed in 2-4 weeks.It has just turned out that the ex wife's house purchase is having to be completed early January 2018. ( I feel well inside the end of our divorce) Although trust is still there between us at some level she needs her name off the current house deeds which will enable me to complete the remortgage of the current property to then allow me to have the finances available for her lump sum payment. we would like some legal advice on the best way forward etc.
Expert:  Clare replied 28 days ago.

In that case there is no need for any extra contract.

Once the Consent order has been signed and forwarded to the court then it is not possible for either of you to pull out without facing a court case enforcing the terms of the agreement - there is case law on the issue

Send it in as soon as the Decree nisei date has been set and this is as effective as any other agreement that you sign

I hope that this is of assistance please ask if you need further details

Customer: replied 28 days ago.
Thankyou Clare.
Expert:  Clare replied 28 days ago.

You are most welcome I hope all goes smoothly

Clare and other Family Law Specialists are ready to help you