Consent order after divorce - he already remarried?! What are my rights?

wanderer_123

Hi forum,

My ex-husband and I divorced in Feb 23 and are in the process of sorting out what happens to our house. Its taken so long because ive been waiting for the Lang Registry to update following numerous issues with builders! 

My ex remarried in May 24, in a foreign country. I can only assume its a legally recognised marriage in the UK.

Im trying to buy him out of the house and he keeps changing his mind over what he will accept. He keeps wanting new valuations etc, presumably till he finds one that suits him best. He struggling to understand the concept of house prices dropping and us not having a great deal of equity. Ive made him a more than fair offer just to try and sort this out for a fresh start.

My question is do I have any advantage or loop-hole now that he has remarried before hes sorted his finances out? I know hes in a dire financial situation and hes just trying to get as much as he can. 

What would be our options if we simply couldnt agree even after mediation attempts? Would you court have to decide?

DE_612183

I wouldn't have thought so - the house is in joint names 50/50.

Was there a financial order as part of the divorce?
Is there still a mortgage?
What are the issues with the builders and why are you getting Land Registry to update things?
 - this may be relevant.

wanderer_123

DE_612183 said:

I wouldn't have thought so - the house is in joint names 50/50.

Was there a financial order as part of the divorce?
Is there still a mortgage?
What are the issues with the builders and why are you getting Land Registry to update things?
 - this may be relevant.

There was no financial order as part of the divorce as we were quite amicable at the time but I would have got a clean break order further down the line.

The Land Registry is only relevant in regards to the length of time this has taken to reach this point. We bought a new build and when it came to doing the transfer of equity in 2022 when we separated, we found Land Registry had not been updated from our purchase. So we spent 18 months chasing that to now get to the point where its been properly registered and can continue with the transfer of equity.

savergrant

"Us not having a great deal of equity"
If there is a mortgage who has been paying that?

I would guess that if you cannot agree a fair price for his share the house would need to be put up for sale to share the value. That will take longer, probably incur higher costs, and may not raise more money for him. Then again it's not ideal for you either. Get some current valuations and see what the property is worth.

Spendless

I would go get some legal advice because I do believe that remarriage does impact on financial orders. Not worth risking you get it wrong based on opinions. Speak to the professionals. 

RAS

The rules round remarriage and financial orders depend on which of you was applicant and which was respondent. Also on whether an application for a financial order was made before remarriage, I think? 

The one area where claims remain open is pension sharing, so that is where you might want to focus attention? 

You need to take legal advice on the remarriage trap?

markie_127

Yes – your ex-husband’s remarriage can affect things, but only in one direction. Because he remarried before resolving the financial side of your divorce, he has lost the legal right to make a financial claim against you in future (unless one had already been filed before the remarriage). This is known as the “remarriage trap.”

However, you can still make a financial claim against him, and the court can still make financial orders in your favour – for example, for a transfer of equity or a lump sum if you’re buying him out of the house.

If you’ve made a fair offer and he keeps stalling, changing valuations, or being unreasonable, you may want to stop negotiating and apply to the court. You’d start by submitting a Form A, which opens a financial remedy case and brings both parties to the table. If he’s in a weak financial position, this may push him to settle. Judges don’t look kindly on people who drag things out or refuse to be realistic.

If you’ve tried mediation and still can’t agree, then yes – the court can and often does step in to decide. It’s not ideal, but it gives you finality.

If you can eventually agree, you could use a consent order to make the deal legally binding, but if not, the court can decide for you. Either way, you’re not stuck – you still have legal options.

Cobbler_tone

In summary, a massive OG by your ex. I'm sure you didn't divorce them for their abundance of brain cells.

As for digging their heels in around the house price, that might cost you a little in legal advice but that can be addressed. Hopefully without the involvement of the courts, as that process will drag things out further and ultimately come out of any equity. The trouble is, some people don't act rationally and pragmatically in these situations.