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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4421
Experience:  Barrister at law
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We are thinking of divorcing. I want to sell the house and

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We are thinking of divorcing. I want to sell the house and split proceeds, she does not want to sell for another 2 years. we have a 16 year old who will start Alevels next year. Can i force her to sell the house?
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
I will wait. Thanks

Hello, my name is*****'m a barrister and will do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Both options are technically available - it will depend on the amount of equity in the house and whether this allows you both to move on AND provide a home for your child until they reach 18 as to whether the court would favour a sale now or postponing until 2 years have passed.

What grounds do you have for the divorce?

Customer: replied 4 months ago.
My wife started having an affair over 3 years ago, she told be about this 2 years ago and also said that she had ended the affair. However in the last few weeks she has started seeing the person again and wants to carry on. She expects me to carry on as we are for another 2 years till our son is 18. I am not happy with this hence I am asking for a divorce.
Customer: replied 4 months ago.
In that case can we get divorced now, setup a full and final financial settlement now (agree to split saving in half and sell the house in 2 years and split proceeds) and life in the same house together till then?

It is possible to divorce under grounds of adultery or unreasonable behaviour.

You can agree the financial settlement and agree to postpone the sale, if this is something you are able to agree to.

Customer: replied 4 months ago.
If it’s a full and final settlement would i me right in assuming that once it’s signed neither of us will have any share or any rights to the other persons assets or monies acquired / inherited from that point onwards?

Yes that's correct.

Customer: replied 4 months ago.
What is the legal process for the full and final financial settlement?

See the link here - it explains the process of applying for a financial order:

http://alc.org.uk/uploads/Applying_for_a_financial_order_without_the_help_of_a_lawyer.pdf

And the flowchart here which sets out the process:

http://www.familycourtinfo.org.uk/i-need/how-court-works/flowchart-for-financial-remedy-cases/

Customer: replied 4 months ago.
Thank you very much

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating I'll be credited for my time spent responding to your question.

Kind regards,

Peter

plclegal, Barrister
Category: Family Law
Satisfied Customers: 4421
Experience: Barrister at law
plclegal and 3 other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi, the process link talks about going through the courts and filling out form with long financial statement of earnings, savings debts etc with statements.
We have a mutual agreement and want to keep things simple. Essentially we are splitting savings and house when sold in half. We are not going to address personal debts or earnings. Is there a way to make this legal binding as a full and final settlement?

Yes. If agreed the process is more streamlined and you would be able to submit a consent order to the court, along with brief financial statements detailing each of your assets/ liabilities. See here:

https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

It's form A, as in a contested application, then the consent order (which needs to be drafted by a solicitor) and then the statement of information forms to submit as per the link in this reply.

I hope that clarifies things.

Customer: replied 4 months ago.
Thanks you
Would you be able to give an an indication of how much it would cost for a solicitor to draft a consent order?

If you provide all of the information it should only take a couple of hours to draft and then go through with you - so whatever the hourly rate is multiplied by 2.

Customer: replied 4 months ago.
How long does Decree Nisi typically take?

2-3 months, depending on court time.

You apply for divorce, your spouse has to acknowledge service. This process can take around a fortnight.

The court will then issue directions.

If it is not contested, you then have to apply for decree nisi.

The pronouncement is usually a few weeks to a month after that.

Customer: replied 4 months ago.
Thank you

No problem at all. Best wishes.

Customer: replied 4 months ago.
How long does a consent order (d81) take from start to finish (legally binding) ( if not challenged)?

If agreed then once drafted it can be submitted to the court, and when the decree absolute is applied for the judge can ratify the order. Decree absolute is possible 43 days after decree nisi. So that's a rough timescale.

Customer: replied 4 months ago.
Basically I would prefer not to wait and get the full and final settlement with consent order done before decree absolute.
Can I start the consent order as soon as I receive Decree Nisi?

You can start the process of agreeing the consent order as soon as you like, and submit to the court following the pronouncement of the nisi, yes. In general, to avoid duplicating case loads, judges will not make the final order re finances until the case is ready for decree absolute to be pronounced though, as it cuts down on administrative time.

Customer: replied 4 months ago.
I have a few questions and was wondering if you do telephone calls? If yes, how much do you charge?

Yes we do telephone calls. The site offers them in the region of £40, I think.

There is usually a link in the thread to click on to request a call.

Kind regards.

Customer: replied 4 months ago.
Please message me a few mins before calling, so I can find a quiet spot at work

No problem - I can call you at 11.30 if that suits?

Customer: replied 4 months ago.
Perfect thanks
Customer: replied 4 months ago.
Hi, my no is***********and I am free now.
Thanks

Good to speak to you. Kind regards.