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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am divorced and have a financial consent order ( sealed by

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I am divorced and have a financial consent order ( sealed by the court and dated 17.10.16), follow by a decree absolut dated 6.12.16.
We are trying to sell the house as ordered in the order: Order for sale19. The family home shall be sold forthwith on the open market for sale and the following conditions will apply:
a. the property shall be placed on the open market for sale immediately for such price as may be agreed between the parties or in default of agreement determined by the court;
b. the property shall be sold for a price in excess of £700,000 or such price as may be agreed between the parties or in default of agreement determined by the court;
c. both parties shall have conduct of the sale;The property asking price has been reduced now to £675k and the suggestion from the estate agent is that it needs to drop further, which currently my ex-wife and I cannot agree on. What is the process to have the house sold in the event we cant agree? I assume we can market it at a lower rate but if we cannot agree on an offered price, is there a court/arbirtation process to make sure the sale goes through?I also have a question about child maintenance - the order states:
21. The respondent shall pay to the applicant periodical payments for the benefit of the children of the family. Payments shall be payable monthly in advance by standing order at the rate of £400 p/m per child, commencing on the date that the applicant moves out of the family home, for a period of 3 years. Thereafter it is agreed that the level of child support will be based on what would be assessed by the Child Maintenance Service. Payments shall cease when each child reaches the age of 18 or completes full time secondary education, whichever is later, or in the event either party makes an application to the Child Maintenance Service.The applicant moved out of the family home 28th october 2016, and i was informed by legal counsel that I can apply to the CMS after 1 year to alter the maintenance rate, is this correct?

Hi, thank you for your question. If you cannot reach agreement between yourselves in relation to the price, then you must apply to court for the court to make a decision about it - this is done using form D11.

In terms of child maintenance - according to your text, it becomes payable from 28 October 2016. As long as the order is by consent you can apply to the CMS to recalculate the liability 12 months after the date of the order.

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Customer: replied 8 months ago.
Thanks, ***** ***** question - the d11 form is filed with the family court I guess and therefore there is a hearing which will take about 2 months to conclude ?