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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35043
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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. I am keen to ascertain the current position regarding

Customer Question

. I am keen to ascertain the current position regarding an order made at the time of my divorce which went through in September 2012. At the time the court order stated that if the former marital home had not been sold by the end of March 2013 it would need to be sold by auction. Ultimately this did not happen and my ex-wife and I decided to waive this element of the order by mutual consent in December 2012 favouring the possibility of the a sale occurring at a later date once the housing market had improved. Having waived this previously is the order now still potentially valid, or would a court need to re-consider things if we are unable to agree mutually?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Was the revised agreement confirmed in writing - if so what did it actually say?
Customer: replied 3 years ago.

- no it was verbally agreed.

Expert:  Clare replied 3 years ago.

In fact the Order stands as it is and unless you are able to agree an alternative way forward then the Order can still be enforced
Obviously it would not be possible to make any compensation claim because of the delay since this was agreed between you
Please ask if you need further details
Customer: replied 3 years ago.

Thank you help.

Expert:  Clare replied 3 years ago.

You are most welcome - I hope all goes well