Varying of consent order - self representing - what do I do?

[Madreamer]

I've applied to go back to court to vary an existing consent order ( related to divorce) as my ex has not been replying to letter requesting that he transfer title to the property as per current consent order (current order does not have details of how it is to be implemented). I am hoping to vary the order to achieve the following decisions in my favour - (1) court instruct land registry to transfer uk property to my name without his signature. (2)There is an overseas property as well for which he needs to provide signed letters to the builder for the transfer to be affected. I'd like the court to put some dates around this as this consent order cannot be implemented in that overseas country without going back to court there!
Additionally, there is one uk and three overseas properties to be transferred to ex's name by me. I'm more than happy to do it, but I need to be In the other country to do two of the overseas transfers which won't be possible for another year as my DS doesn't yet have a passport.
Could I have suggestions on how to prepare for the above variation hearing? Should I hire a barrister? If so can I have a recommendation for a not too expensive but experienced direct access barrister please? Any help or thoughts will be appreciated!

[Madreamer]

Would also appreciate any reading recommendations please!

[Collaborate]

Pay for some representation. You're talking about 2 properties here. The cost of doing it right is a small fraction of the value of the assets.

Unless you tell us which court is involved we're going to find it hard to suggest who you could go to.

[Madreamer]

Thx for the response! We fall within the holborn Principle Registry of Family Division. Problem is i had to spend loads on lawyers for the initial settlement so don't really have loads of money to spend.

[mumblechum1]

God I hate doing stuff in the Principal Registry with a passion - they seem totally incapable of doing things properly and on on time. But if you don't want to get it transferred, you're stuck with them.

I agree with Collaborate, you may pay £1k or £2k to get it sorted which as a percentage of the value of the properties is almost certainly worth doing.

I normally, in these circs, don't apply for a variation, but for an order that the court signs the conveyancing docs (contract, transfer etc) on behalf of the party who's not doing it. In my experience, the other side always pulls their finger out when they're threatened with that, but if they don't, District Judges have the power to sign the docs.

Dunno what you'd do about the overseas property, though, you need a specialist to help you there I think.

[Madreamer]

Thanks for that. What kind of an application should I make for the court to sign the transfer papers? Can I apply for that to be done before the variation of Consent order? Re overseas property, I thought if I put some dates around it and make it binding?

[Madreamer]

Please could someone suggest a good barrister, but not too expensive.

[mumblechum1]

You don't need a barrister. To find a solicitor look on www.resolution.org with your postcode and you'll find a family specialist.

[Madreamer]

I did that last time and found someone who sucked me dry financially while giving me terrible advice,eventually only the barrister knew how to draft the case. I'd rather cut to the Chase and find a good barrister. Can anyone recommend a good barrister?

[mumblechum1]

But while all that is going on with the foreign property, I suggest that you get on with enforcing the part about the English property. For that, you don't need to vary the order, just enforce it, and that is a solicitor job not a counsel job.

There are two separate issues - enforcement of the existing order re. the English property which is relatively straightforward, and variation of the part relating to the foreign property which is not so straightforward.

[Madreamer]

Thanks for your responses. I do have a solicitor who tried to enforce the consent order for uk property. The land registry would not do the trf as the consent order was not worded in a way that they were able to execute without ex's signature. Hence solicitor adviced to apply for a variation to tighten the wording so land registy can do the trf on the basis of that. I'm not too confident in the solicitors advice, and liked the idea of judge signing on his behalf, hence would appreciate advice from more knowledgeable folks on here on how to progress that.
The other property is in India, but there is not enough in the uk that would offset that. Perhaps I could ask the consent order to affect the property trfs I need to do for him in india? I'm happy to hire a solicitor and a barrister but am really worried about being taken to the cleaners as happened last time, hence the request for recommendations.

[mumblechum1]

The procedure to get the judge to sign the order is for the solicitor to lodge an application for just that, backed up by an statement explaining what efforts have been made to get your ex to sign. It's really not rocket science, any competent family solicitor would be able to do that for you. IMO the last solicitor should never have sent the transfer to the Land Reg, it should have been obvious that it would be rejected.

I don't know what you would need to do about the Indian property, you'd need someone with experience of how Indian conveyancing law works, but while you're sorting that out at least you can get the UK property transferred. It shouldn't take more than a couple of months from start to finish.

[Madreamer]

Thanks! I'll try and get the document signed by the judge. I'm based in London and good but reasonable family lawyers around here?

[Madreamer]

Thanks babybarrister! I'm going to ring right away.

[Altorice]

Can somebody please tell me how I apply for a contact order for my granddaughter?

[WrappedInABlankie]

Altorice

best to start your own thread. However You have to apply for mediation, then apply for leave to the judge to get permission to apply for the contact order. You need to prove you've had a long, contributing input in the childs life and it's in there best interest

I think, that's what I was told when my mother threatened such things.