amicable divorce agreement but needs a court/ consent order?

jacquibaby

We are divorcing. We have agreed the following ourselves and gone through to decree nisi with no problems.
1. I live in the house with daughter
2. ex pays so much per 100 pounds he earns

We decided that it would be fair to split the house this way- ex gets £30,000 and a further £10,000 when our daughter is 18 yrs old.
House value is about £125,000.

If we get a consent order, do we have to prove to the court that this is fair and show all of our savings? (we have none)

My position is that I can afford the mortgage (£25,000 will remain) but my mortgage company want proof of last 3 months earnings which are low due to that time of year (I am on a zero hours contract and took some time off also ).I would also take on more work if supporting myself and child- she is 14 and receives high rate dla, I am a carer also.

So the easy way for me if for the mortgage/to remain in both names....but my ex-solicitor brother reckons this would be too risky without something legal saying that he can make no further claim on the house... in case of bankruptcy, etc.
Would this be possible? thanks.

Horace

I would advise you to speak to a solicitor - that way you will know for sure and it will stop your ex coming back to you with further claims.

Don't forget that to be totally divorced you need to get a decree absolute.

CP26

Consent orders are almost like wills...you can pretty much put anything you want in them. They formalise any agreements you have made and can also include a clause about no future claims against each other. It protects you both and the terms can be enforced if necessary.

My ex and I have just divorced and are about to submit our consent order to the courts. I asked a local solicitor to give me a fixed fee to draft the order. My ex and I have then done the court forms between us so we have kept the cost very low.

Our order is really simple:
- no future claims
- ex will pay for the property indemnifying me against any financial risk until he can get me off the mortgage

One of the forms will require you to (very basically) list totals for your assets, liabilities and pensions. This is to enable the judge to gauge whether the order is fair - they can refuse to grant the order but if they have any queries they will write to you so you can provide more details to support your choice of terms. You are your ex would write a reply and both sign it showing that you're in agreement.

Search for consent order on the Direct Gov site and you can download the forms.

It may be worth getting a free half hour with a solicitor to get some advice in the first instance.