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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8020
Experience:  Barrister at law
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I have my decree nici and want a consent order. My husband

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I have my decree nici and want a consent order. My husband has money coming to him from family for payment for work he did during the marriage however none of this is formalised. The amount he will get is roughly equivalent to his half of the equity in our house. To keep things simple, and allow me to stay in our house, can we put on the consent order that he gives me his equity or a % of it and I don’t get any of the money owed to him?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. We just have decree nici
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: surrey
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The money he is owed is for architectural services he did for his parents in Mexico whilst we were married. His parents couldn’t pay him at the time but said they would give him rent/deeds to some of the property he built once they have sorted out some legal issues. So nothing is formalised yet and he doesn’t want to ask his parents about it for some reason. So he won’t get a valuation and split assets that way. That’s why we’ve agreed it would be best for him to give me most of his equity as a settlement

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

The short answer to this is yes, if this is a fair settlement to both of you then the court will approve it.

When you agree the finances, you have to submit a consent order and a statement of information (form D81 - available on www.gov.uk) and this details all assets and liabilities. As long as his asset of the money owed to him is accounted for on this form, the court should approve an agreement in the terms that you have suggested.

You would be best to have the consent order drawn up by a lawyer (solicitor or barrister) as it's worth getting the draft right before you submit to the court to avoid delay and further costs down the line. I would normally put aside 2-3 hours for this type of draft, depending on complexity, as a guide.

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

plclegal and other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
For PLCLEGAL would you be able to draft the consent order and if so, how much do you charge?

I do draft these orders regularly in my private practice but the site terms don't permit me to advertise quotes for private work on here.

You could find me by searching for plclegal on google though and I can discuss this further!

Customer: replied 4 days ago.
Ok. Thanks

Thanks for your understanding!