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D81 & Financial consent order and divorce time frame?

cj1973
Posts: 5 Forumite

Hi,
Received my Decree Nisi yesterday and so my soon to be ex solicitors are drafting the financial consent order. Couple of questions if anyone knows:
In our agreement I am having his share of our property and thereafter we are having a clean break other than what he gives for child maintenance - on the D81 form in Capital under property should I put the existing value less mortgage for the whole of the property in my column (as if I already own the whole house) or should it be based on the situation currently (the equity split equally in both columns)? The banks legal teams are still sorting the transfer of name.
Has anyone had a consent order done recently? If so how long did it take through the courts (I googled and some estimates are saying 6 months plus but wondered if these are out of date given the pandemic has calmed down a bit)? My solicitor has told me not to go for the Decree Absolute until the consent order is finalised but now the Decree Nisi is here I just want to be free.
I have asked my solicitor these questions but she hasn't come back to me and every time I ask a question it seems to cost a small fortune and I am finding the fees somewhat crippling at the minute.
Thank you for the help.
Received my Decree Nisi yesterday and so my soon to be ex solicitors are drafting the financial consent order. Couple of questions if anyone knows:
In our agreement I am having his share of our property and thereafter we are having a clean break other than what he gives for child maintenance - on the D81 form in Capital under property should I put the existing value less mortgage for the whole of the property in my column (as if I already own the whole house) or should it be based on the situation currently (the equity split equally in both columns)? The banks legal teams are still sorting the transfer of name.
Has anyone had a consent order done recently? If so how long did it take through the courts (I googled and some estimates are saying 6 months plus but wondered if these are out of date given the pandemic has calmed down a bit)? My solicitor has told me not to go for the Decree Absolute until the consent order is finalised but now the Decree Nisi is here I just want to be free.
I have asked my solicitor these questions but she hasn't come back to me and every time I ask a question it seems to cost a small fortune and I am finding the fees somewhat crippling at the minute.
Thank you for the help.
0
Comments
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The D81 shows your assets as they are now, not as they will be fter the order is made, so if the house is currently in joint names you put 50% of the equity in your column.
If the order is submitted electronically then the court's aim for a turnaround of about 2 weeks, if it is submitted on paper it's likely to take longer but times vary between different courts.
It's normal not to apply for the decree absolute until the financial order is in place as it means you are not left in limbo if your ex were to drop down dead in the 'gap'. It's most important where there are pensions but sensible in all cases.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0
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