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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a consent order is conditional on a 3rd parties (3rd tenant

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If a consent order is conditional on a 3rd parties (3rd tenant in common) letter of agreement to sell, can this later be withdrawn if the 3rd party was at the time pressurised into writing the letter by being told that if the letter was not forthcoming by a particular date then they would automatically be added to the consent and therefore party to the divorce & bound by the court. Can duress, due to exceptional stress, be proven and if so what would be required?
Hello my name is ***** ***** I will help you with this.
For now please let me know whether they were included in proceedings?
Customer: replied 2 years ago.

They were not included, they had no desire to be party to the divorce proceedings. The third party is the respondent's mother.

You can't automatically add someone to a consent order. The very nature of it is that all parties need to consent. You can apply to set aside on limited circumstances but in reality just being pressured is not one. The Judge will want to know why it was therefore signed? If you are saying duress it needs to be very serious such as life threatening etc. If it is not then its not likely to be set aside.
You can of course apply to set aside to see what happens, but given what you have said, you should be realistic. I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
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