Draft consent order

Tiddleshalifax

I’m hoping someone can help - my ex is taking advice but I said I’d do the same.

basically we are in the process of divorcing through the you gov website. We have a child but she’s 12 and we don’t need a formal agreement as that’s all sorted. We can apply for our 1st order (conditional) in September. 

My ex has applied for a new mortgage without me on it and as part of the deed of transfer they need a draft consent order. I’ve never done this before and told him we might need something but he wanted to wait and see as said his solicitor (conveyancer) had told him what he needed and it didn’t include that. 

Anyway, now they’re asking. 

Can a solicitor draft a consent order and will they accept that? The mortgage is due end august 😢 it’s stressing me out - everything is so amicable bjt this is pushing my buttons as the info is so confusing. 

Thanks 

RAS

You can agreed what goes in the consent order between you, and get a lawyer to write that up. A judge then checks it is fair.

I'd suggest a free half hour, or even a little paid for advice is needed by both parties. We've seen all manner of DIY orders, and some solicitor based ones, that leave one or both vulnerable.

Do you have a shared property or debts, or either of you have a pension scheme?

Tiddleshalifax

We have a shared property but he is buying me out. And we’ve agreed an amount to be paid on that. 

We do have pensions but we both agreed that we just don’t want to screw the other over. I know it’s a rarity, but we just want done and easy. He has savings but I’m happy not to touch these. 

Thanks for your advice. I’ve contacted a couple of solicitors this morning so 🤞🏻

RAS

You really do need to see a solicitor as you are doing your future self out of a lot. 

House, Pensions and savings are all marital assets, they don't belong to either of you.

You will need a full disclosure on both sides.

Spendless

I agree to do it yourself when there's a child, property, money in accounts and pensions is  risking one of you losing out. The whole picture needs to be looked at it. 

Tiddleshalifax

Thanks for your advice both of you we won’t be changing anything as it works for us both but I understand where you’re coming from and appreciate it

Lavendyr

Tiddleshalifax said:

Thanks for your advice both of you we won’t be changing anything as it works for us both but I understand where you’re coming from and appreciate it

Coming from a different angle to previous posters and one which sounds not unlike yours, my ex-husband and I divorced in 2020 and he had substantial savings. I was clear that I did not want those and just wanted to transfer ownership of our house to him for 50% to go to me, and keep my assets (car, small pension). I engaged a solicitor via Wikivorce to draw up the paperwork (incidentally, they did a poor job and got all the numbers wrong...so wouldn't recommend!) but the courts respected my choice and didn't challenge (my ex had around £800k in savings - first I knew about it until he had to declare! He got lucky with me as an ex wife... ). 
 
If your ex is already applying for a mortgage they probably need to wait until the TR1 form is in progress (assuming it's over the marital property). I don't think he can apply for a sole mortgage until there is a transfer of ownership - not unlike when you buy a house. Either way I'd chat to a solicitor to work out the right order of things. Also, definitely make sure your custody is set out clearly somewhere and any associated maintenance.