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My name is ***** ***** am happy to assist you with your enquiry.
I am afraid that you are bound by the terms of the Consent Order, and it does mean that you will need to sign the appropriate form to transfer the property. If you refuse to sign, then your ex wife's Solicitor would be entitled to apply back to the Court to enforce the terms of the Consent Order and can ask the Judge to sign the Transfer on your behalf.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Thanks for your reply.
If she hasn't paid you, she has breached the terms of the Order, and you may also be in breach if you have refused to sign the Transfer (although in practical terms, what normally happens is that the one party signs the necessary transfer and at that time he then receives their lump sum payment).
I would therefore advise that you write back to your ex wife's Solicitor asking for confirmation in writing that if you do indeed sign the Transfer, they will, by return, send you the £30,000.
I hope this helps.
I only received the transfers forms on the 30th September 6weeks from the date the consent order and the judge ordered my x wife to pay me £30,000 within a 28 days of the consent Order dated 18th August which is 15th Sept got the forms 30thSept that's 2weeks past the date.
Although your ex wife has strictly speaking breached the terms of the Consent Order, it is not uncommon for there to be a delay in payment and dealing with any Transfer.If the Consent Order does include a provision that interest is payable by your ex wife in the event of her not paying you the due sum in the due time, you can enforce this, but apart from that,the Consent Order is still legally binding and you are unable to turn round and say it has been invalidated,and request more money.
I am sorry i can't give you a morte favourable answer.
Last question my name is ***** ***** the mortgage I surley can insit on my name being removed Can I ?
The Consent Order will normally say that your ex wife use her best endeavours to remove you from the Mortgage, and if so, then you should certainly ask for confirmation that you are being removed from it.