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    • Vandriver
    • By Vandriver 14th Jun 19, 8:58 PM
    • 3Posts
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    Vandriver
    Consent order refused
    • #1
    • 14th Jun 19, 8:58 PM
    Consent order refused 14th Jun 19 at 8:58 PM
    Hi. New to this so please bear with me.
    I left my ex wife nearly 2 years ago and she started divorce proceedings around New Year (6 months ago). I waived my rights to legal advice. We own a house together but agreed a settlement whereby she stays in the house, gets custody of the kids, keeps the car and furniture, etc. but I get some money when she takes over the mortgage and the rest when the kids both leave school.
    As far as I know we are now divorced but her solicitor hasn't got the decree absolute yet. He also applied to the court for a financial consent order and in the mean time my ex applied for a new mortgage and for my name name to be taken off the existing mortgage, which was agreed by the mortgage company.
    Since then I have had the opportunity to purchase a house via "help to buy" which means you can't have your name on an existing mortgage. I was accepted and have a mortgage offer.
    The consent order came back from the court saying it had been rejected by the District Judge due to being unfair in my ex's favour because she has a good pension. I received paperwork from her solicitor which I filled in and returned and which has been resubmitted to the court.
    I've now been told I will lose the property I'm trying to buy if I haven't completed by the end of June but the court said today that the case has gone to the back of the queue and I'll have to wait nearly 3 months for the Judge to get round to making a ruling on it.
    Surely this should take priority as it's already been in front of the Judge. Please help...any advice would be gratefully received.
Page 1
    • Mike48632
    • By Mike48632 14th Jun 19, 9:30 PM
    • 11 Posts
    • 2 Thanks
    Mike48632
    • #2
    • 14th Jun 19, 9:30 PM
    • #2
    • 14th Jun 19, 9:30 PM
    Note, I'm not a lawyer, but I think you need to speak to one.

    Have you exchanged contracts on the property you're purchasing? And paid a deposit? If so, the seller is entitled to sue you if you do not complete. In practice, I think this means you'll lose your deposit.

    Are you using a solicitor for conveyancing?
    • Vandriver
    • By Vandriver 14th Jun 19, 9:42 PM
    • 3 Posts
    • 0 Thanks
    Vandriver
    • #3
    • 14th Jun 19, 9:42 PM
    • #3
    • 14th Jun 19, 9:42 PM
    Hi. No, haven't paid a deposit but have paid a £500 reservation fee. I do have a conveyancing solicitor and everything is in place...except for the financial consent order. I was told that you don't actually need to wait for the financial order and the solicitor can sort everything out before if everything is amicable...but her solicitor is being really anal and refuses to do anything even though she told him that she wants it done. He said it wasn't possible!!!
    • Thrugelmir
    • By Thrugelmir 14th Jun 19, 9:51 PM
    • 65,042 Posts
    • 57,324 Thanks
    Thrugelmir
    • #4
    • 14th Jun 19, 9:51 PM
    • #4
    • 14th Jun 19, 9:51 PM
    Surely this should take priority as it's already been in front of the Judge.
    Originally posted by Vandriver
    Seems as waiving the right to legal advice has cost you time. There's no priority given to jump the queue.
    “If the financial system has a defect, it is that it reflects and magnifies what we human beings are like. Money amplifies our tendency to overreact, to swing from exuberance when things are going well to deep depression when they go wrong. Booms and busts are products, at root, of our emotional volatility.”
    ― Niall Ferguson
    • Vandriver
    • By Vandriver 14th Jun 19, 10:02 PM
    • 3 Posts
    • 0 Thanks
    Vandriver
    • #5
    • 14th Jun 19, 10:02 PM
    • #5
    • 14th Jun 19, 10:02 PM
    But I've already been in the queue! The Judge had all the relevant information and signed paperwork. I shouldn't have to wait in the queue again...and lose my property and a fair amount of money too!!!
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