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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In what circumstances, if any, can a consent order issued by

Resolved Question:

In what circumstances, if any, can a consent order issued by a family court be over ruled by an order issued by a civil court if one of the parties to the original order objects? To be specific, my wife has a family court issued order for ancillary relief with her ex husband in which he indemnifies her against all liabilities under a joint and severally guaranteed mortgage. He is now requesting an order from a different civil court for her to pay her share of the same mortgage plus arrears. Could a civil court issue such an order in contravention of an existing consent order and if so, on what basis?
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

What proceedings has he actually issued?

Customer: replied 1 month ago.
He has issued proceedings in Plymouth County Court pursuant to the Land and Appointment of Trustees Act 1996 (TOLATA) requesting orders for 1. an order to sell a jointly held property (former matrimonial home) 2. an order for my wife to pay her share of the mortgage on the said property and 3. an order for my wife to pay her share of maintenance and repair costs on the same property. In their order for ancillary relief (consent order), he indemnifies her for any liabilities under the mortgage. Further, the same order makes no provision for her to pay any share of maintenance cost. However, the order obliges her to transfer ownership of the family home to him but also obliges him to pay her £250,000. To date, he has failed to do so and thus she has not transferred the property to him. She has however transferred all other properties named in the consent order to him. He has made it clear that he has no intention of paying the £250,000.
Customer: replied 1 month ago.
Happy to continue our conversation on line
Expert:  Clare replied 1 month ago.

I was going to ask if you realised that the site charges more for a phone call!

How much is the house worth and may ask why your Wife has not enforced the Order?

Has she filed her defence based on the Consent Order?

Customer: replied 1 month ago.
The house is valued by the husband's estate agent at £800,000 but has attached debt of £1,000,000. On the other hand, we believe the husband wants to buy it in cheaply using a front company and develop the site, which has room for 3-4 3 bed houses. My wife has not enforced the order because she lacked means to do so as he lives abroad and has no visible assets or income in the UK worth attachment. She has filed her defence primarily based on the consent order.
Expert:  Clare replied 1 month ago.

is the debt all joint with your wife?

Customer: replied 1 month ago.
it is. The consent order also obliges him to procure her release from the debt which he has failed to do
Expert:  Clare replied 1 month ago.

Is her ex using a solicitor for this?

Customer: replied 1 month ago.
No. he acts in person.
Expert:  Clare replied 1 month ago.

That is no surprise.

The applictaion is misguided and will NOT be granted once the Court is aware of the circumstances.

There is no reason why the property cannot be sold - IF he pays your wife the money that she is due.

It is possible that the court will in fact make a mirror order confirming this to try and assist your wife.

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

Customer: replied 1 month ago.
Thanks very much Clare. Nothing else for now
Expert:  Clare replied 1 month ago.

You are most welcome I hope all goes well

Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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