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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In June, both parties to a divorce (decree absolute in Sept

Resolved Question:

In June, both parties to a divorce (decree absolute in Sept 2015), signed a consent order. I am the ex husband & I proposed a simple 50/50 split on the FMH sale. The property was to be put on the market and this was noted on the consent order as "forthwith"
It is still not on the market. Her lawyers have now said it will be puton the market this week. Technically the order has been breached. Is this correct?
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month 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

May I ask why you did not obtain your own valuations?

Customer: replied 1 month ago.
I was prepared to, but the other party's solicitor came back with valuations that I was pleasantly surprised at - I asked for copies of the valuations which I have still not received, in spite of three formal requests to her solicitors. They are to be the conveyancing solicitor,, their client (my ex wife is to have conduct of the sale) and I just looked up a Zoopla internet valuation of the property which came out at £200,000 less than the figure quoted to me.
Customer: replied 1 month ago.
I have already warned them that i intend to report them for a breach of the consent order which was signed in June, if the house does not go on the market this week, as per the order. I am now thinking that some material facts may have changed which undermine the basis of the original consent.
At Christmas 2015, I was backed into a corner and obliged to sign a non-molestation & occupation order, on the flimsiest grounds of "years of physical & emotional abuse", which has left me in a difficult position;
Customer: replied 1 month ago.
Sorry, as per the order, means it should have gone on the market June / July, not this week. The point of mentioning the inflated asking price for the property is that it would have been fraudulent to have misrepresented the true value and therefore the original financial consent order would be set aside, or could be. I offered the 50/50 split on the property as goodwill. She has a pension fund that is worth a lot in terms of income and I could imagine her going to any length to protect that, but not her solicitors surely.
Expert:  Clare replied 1 month ago.

I am afraid that the Order did not come into force until the Decree Absolute which means that whilst your ex has not acted promptly neither has the delay been excessive assuming that it is marketed within the next fortnight.

It is also not possible to say than "material facts have changed".

All that has changed is that you have now checked and realised that you may have been misled.

THAT is the potential basis of any application that you might consider.

You shoudl write a calm letter saying that in the absence of copies of the valuations you have no choice but to assume that they do not exist and that instead you were induced to make a disadvantageous settlement based on a deliberate misrepresentation

Unfortunately if they do produce the valuations you will struggle to overturn the order as you could have obtained your own valuation- you simply chose not to.

Please ask if you need further details

Customer: replied 1 month ago.
Thankyou. I note your comments about acting promptly; it was the specific inclusion of the phrase "put on the market forthwith" that made me think this might be a breach.
If they produce the valuations, happy days, that would be a favourable result, no complaints. Again, though, back in June, I received an email from the solicitor:". You will be kept fully appraised of the marketing and offers on the family home". Actually all I have had is a wall of silence. However, thanks again for clarifying
Expert:  Clare replied 1 month ago.

Sadly no - "forthwith" means after the Decree Absolute

Customer: replied 1 month ago.
I've just read over this again and think you have missed the date of the decree absolute
September 2015.
Since then they have delayed over non material issues and I feel that forthwith should have implied immediately (June 2016)
Expert:  Clare replied 1 month ago.

My profound apologies - you are correct and I mis read it.

This creates a very different position

Whilst it does not change the position on the valuations it does change the position on enforcement and you should add a paragraph saying that if the property is not on the market within seven days then you will apply to the court for an order that your ex vacates the property so that you can have conduct of the sale.

I hope that this is of assistance - please ask if you need further details - and I am sorry for my error

Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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