Clean Break Order - Understanding the response from the Court

Bogstomper

Hi, 
I've recently applied for a Clean Break Order. The Court has responded with the following:

"There is no date set in the order for the payment of the lump sum and the transfer. If the transfer has taken place this should be recorded."

This is in relation to me being brought out of the main property, and the transfer happened at very short notice a couple of weeks after the CBO was applied for.
We have been sent a cover sheet with a reference number on it to be sent off with our response.
My question is, can we just respond with a document signed presumably by both parties to state that the transfer has happened in the CBO, or do we have to submit a new CBO with an updated SICO form (Statement of Information for a Consent Order)?
Thanks.

AskAsk

Did you get a solicitor to draft the consent order?  How could they miss that?

I have looked at example consent orders and it states that it must be done within 28 days of the order being granted, that is, within 28 days of the date the order was issued by the court.

I am surprised your consent order did not have that?

VyEu

The court should tell you on the notice how to respond to them. Usually signed joint letter to the court clarifying the matter for the court should be sufficient 

Bogstomper

AskAsk said:

Did you get a solicitor to draft the consent order?  How could they miss that?

I have looked at example consent orders and it states that it must be done within 28 days of the order being granted, that is, within 28 days of the date the order was issued by the court.

I am surprised your consent order did not have that?

Hi AskAsk,

"And upon the parties agreeing to instruct solicitors to commence the transfer of the former family home within 56 days of the date of this order and both parties agreeing to pay the legal costs of said transfer."
This was in the CO. You couldn't point me in the direction of an example CO that deals with the property already being sold can you?

I'm tempted to just add a section to the end of the CO that states that the transfer was carried out in accordance to the above after the original CO was sent off as I still can't get any response out of the legal service I used or can find another solicitor to advise....

AskAsk

Bogstomper said:

AskAsk said:

Did you get a solicitor to draft the consent order?  How could they miss that?

I have looked at example consent orders and it states that it must be done within 28 days of the order being granted, that is, within 28 days of the date the order was issued by the court.

I am surprised your consent order did not have that?

Hi AskAsk,

"And upon the parties agreeing to instruct solicitors to commence the transfer of the former family home within 56 days of the date of this order and both parties agreeing to pay the legal costs of said transfer."
This was in the CO. You couldn't point me in the direction of an example CO that deals with the property already being sold can you?

I'm tempted to just add a section to the end of the CO that states that the transfer was carried out in accordance to the above after the original CO was sent off as I still can't get any response out of the legal service I used or can find another solicitor to advise....

I am going through divorce myself and need to do the consent order but I am still in the waiting period.  Seems strange that they state there is no date when your consent order clearly states within 56 days of the order being granted. 

What legal service did you use by the way as I will need one myself. 

I had read on Google that you should wait for the consent order before doing anything because of tax implications.

Bogstomper

I'd recommend any company that you can actually talk to. Yes, there was a stamp duty liability, but not too much. Still waiting for the court to respond....