I have sent the consent application , there are some amendments to be made but that should you give an indication, I look forward to your feedback?
IN THIS ORDER, where the context so admits, “the former family home” shall mean 50 Parkside Terrace, Cullingworth, Bradford, West Yorkshire, the title to which is registered under title no. WYK446855.
UPON the Husband and the Wife agreeing that the terms of this order are accepted in full and final satisfaction of all claims for income, capital and pension sharing orders which either may be entitled to bring against the other or the other’s estate in any jurisdiction arising in relation to their marriage.
AND UPON the Wife undertaking to the court and agreeing with the Husband to:
- use her best endeavours to procure the release of the Husband from any liability under the mortgage secured upon the former family home in favour of HSBC Bank plc and, in any event, to indemnify the Husband against all such liability;
- sell the former family home if, by the time the children of the marriage, Rohan Thaper (d.o.b. 2.2.05) & Eva Thaper (d.o.b. 26.7.07), have finished education, up to and including first degree level, she has been unable to procure the Husband’s release from the mortgage over the former family home.
AND UPON the Husband undertaking to the court and agreeing with the Wife to:
- 1. pay into:
- the HSBC Bank plc mortgage account number £27,132.35; and
- into the HSBC Bank plc mortgage account number £37,367.65;
in each case within 28 days from the date of this order, if such payment has not already been made by the time the application for this order approved;
- 2. cooperate in whatever way is necessary to ensure that, following the payment referred to above, as favourable a mortgage deal as possible is then negotiated in relation to the mortgage in respect of the former family home;
- 3. continue to pay the whole of the mortgage instalment in relation to the former family home until the payment referred to at 1 above has been made;
- 4. arrange and pay for weekly piano lessons for the children of the marriage, Rohan Thaper (d.o.b. 2.2.05) & Eva Thaper (d.o.b. 26.7.07), up to an including each child respectively attaining 18 years of age.
AND UPONthe Husband and the Wife agreeing that the contents of the former family home shall become the absolute property of the Wife, with the exception of the piano, which is to be released to the Husband within 14 days from the date of this order, by prior arrangement between the Wife and the Husband.
BY CONSENT IT IS ORDERED THAT:
1. The parties’ beneficial interests in the former family home are hereby varied, so that in future they are 100% to the Wife and 0% to the Husband, and they shall continue to hold the former family home on a trust of land for themselves and in future on the following terms and conditions:
1.1 The Wife shall be entitled to occupy the former family home rent-free to the exclusion of the Husband;
1.2 The Wife shall, with effect from the date of the payment of the sum of £64,500 into the mortgage account referred to above, be solely responsible for all payments of capital and interest on the mortgage secured on the former family home in favour of HSBC Bank plc;
1.3 The Wife shall be responsible for all maintenance and repairs to the former family home;
1.4 The cost of insuring the former family home and of any structural repairs (defined as repairs to load-bearing walls into the roof) shall be the sole responsibility of the Wife.
2. The Husband shall transfer to the Wife within 28 days of the mortgage lender of the former family home, HSBC, confirming its consent to that transfer, all his legal estate and beneficial interest in the former family home, subject to mortgage.
3. If the Husband fails to execute a form TR1 to give effect to paragraph 2 above within 14 days of his being provided with it by the law firm acting on behalf of the Wife, a District Judge of this court shall be empowered to execute the TR1 on the Husband’s behalf.
4. If the Wife has not procured the Husband’s release from the mortgage over the former family home in favour of HSBC Bank Plc by the time the children of the marriage, Rohan Thaper (d.o.b. 2.2.05) & Eva Thaper (d.o.b. 26.7.07) have finished education, up to and including first degree level, the former family home shall be sold on the open market, and the following consequential provisions shall apply.
4.1 The former family home shall be sold for such price as may be agreed between the parties, or, in default of such agreement, as determined by the court;
4.2 The Wife shall have the conduct of the sale;
4.3 The Wife’s solicitors shall have the conduct of the conveyancing work relating to the sale;
4.4 The former family home shall be offered for sale by such estate agents as may be nominated by the Wife;
4.5 The proceeds of sale of the former family home shall be applied as follows:
4.5.1 To discharge any mortgage secured over the property;
4.5.2 In payment of the conveyancing costs and disbursements in connection with the sale of the law firm that acts in it;
4.5.3 In payment of the charges of the estate agents who act in the sale;
4.5.4 In payment of the whole of the balance, to the Wife.
5. The Husband shall make periodical payments to the Wife for the benefit of the children of the marriage, Rohan Thaper (d.o.b. 2.2.05) & Eva Thaper (d.o.b. 26.7.07), at the rate of £100 per month per child, such payments to be made monthly in advance from the date of this order and to end on the children respectively reaching the age of 17 years or ceasing full-time education, whichever is the later.
7. The Husband’s claims for financial provision, pension sharing and property adjustment orders do stand dismissed and the Husband shall not be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act 1973, section 23(1) (a) or (b).
7. Except as provided for above and upon full compliance by the Husband with his undertakings, the Wife’s claims for financial provision, pension sharing and property adjustment orders do stand dismissed and the Wife shall not be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act 1973, section 23(1) (a) or (b).
8. The Husband shall not be entitled on the death of the Wife to apply for an order for provision out of the Wife’s estate.
9. Following full compliance by the Husband with his undertakings, the Wife shall not be entitled on the death of the Husbandto apply for an order for provision out of the Husband’s estate.
10. There shall be no order as to the costs of this application or as to the negotiations ancillary to it, except that the costs of the Wife shall be assessed in accordance with the Civil Procedure Rules 1998, rule 47.17.
11. There shall be liberty to apply as to the implementation and timing of the terms of this order.
12. And it is certified that, for the purposes of the Community Legal Services (Financial) Regulations 2000 and the Access to Justice Act 1999, the former family home has been preserved/recovered for the Wife for use as a home for herself and the children of the marriage.