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Legal matters

Consent/clean break order problem?

11 replies

Bignorkz · 01/01/2012 17:04

I left my exh in 2008, divorced in 2009. We attended mediation to sort out the finances, I had savings in my sole name (about £40,000) and we shared a house (equity about £60,000 at the time). It was decided that i would keep my savings and he would give me a £5000 lump sum and buy me out of the house (45,000 for me and 55,000 for him). So a clean break order was signed and released by the courts.

However, two years on I am still waiting for my £5000! Exh is still in the house and I am still on the mortgage. It transpired he couldn't get a mortgage in his sole name to give me the £5000, so the house has been on the market for a year, no luck with it selling.

I have recently been contacted by his solicitors (got rid of mine as they were shite) saying he wants to renegotiate the clean break order as he thinks he is entitled to some of my savings (despite having the lions share, that being the equity left in the house). However, house prices have dropped, he has paid pretty much nothing off the mortgage ( we had overpaid which kept us in credit for so long and also had a years mortgage break) and the equity stands now at £32,000. I have made no contribution to mortgage payments since I left as I was only getting £5000 anyway. I have no savings left as I had to start from scratch when I moved out.

What I would like to know is:
a) if you can renegotiate a clean break order?
b) if this is the case will it go on what we had then or what we have now? In which case I would be entitled to half the equity in the house as I have nothing now? (I'm sure he thinks i've got thousands stashed away somewhere - I wish!)
Help?

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Bignorkz · 01/01/2012 17:06

I should also add that I have since remarried, don't know if that makes any difference? No DC involved.

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Gigondas · 01/01/2012 17:12

Bumping for someone who knows to come
Along but don't you need a material fact change on what order was based on to challenge.

Assuming full disclosure was made at time, fact that he has subsequently not been able to execute the order is not grounds enough. Am fairly sure there were cases where share valuations were taken into account which then fell in value but no allowance was made to renegotiate the order .

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Gigondas · 01/01/2012 17:13

Remarriage might have made a difference if you had ancillary relief but i dont think It does if clean break. Was this all signed and agreed at time but ex just hasnt done his bit?

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Spero · 01/01/2012 17:18

A drop in house pRices does not undermine the basis for the original order. I don't think he has any entitlement to your savings. Nor should your remarriage be relevant as he is not paying you maintenance.

Get advice about applying to enforce payment of the lump sum if you and he can't reach agreement that suits you both.

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mumblechum1 · 01/01/2012 17:18

His solicitors are just trying their luck.

Write back and say that you are applying for enforcement of the lump sum order plus interest going back to the date when he should have paid it at 6% under Section 69 (I think, from memory) of the County Courts Act l984. Work out what the interest will be (you are perfectly entitled to claim it), and say you expect to receive it within 14 days, otherwise you will be making an application for enforcement which you are also perfectly entitled to do.

Your consent order should hopefully state:

  1. That he will make best endeavours to release you from the mortgage
  2. If he can't release you, he'll indemnify you in that respect
  3. That neither of you can make any further claim in the future.


Assuming that the order was correctly made, they are extremely unlikely to succeed in any appln to vary the order.

They are taking the mickey.
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Bignorkz · 01/01/2012 17:22

Yeah, all signed, why he signed it when he knew he couldn't stick to it is anyone's guess. Like I say I think he thinks I've got thousands stashed away somewhere, I earn three times as much as he does but I simply don't save anything anymore, i'd rather just spend it on nice holidays and stuff! (At least until i know a clean break order actually stands without challenge...) I know he's got debts too (cos we're still "connected" financially I can see how many loans he's applied for on Experian!)

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Bignorkz · 01/01/2012 17:30

Cheers all for replies, I really want this sorteour early four years is taking the piss!

Mumblechum I thought it sounded a bit fishy, was hoping you'd be on!! Grin Will definitely try that.

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Bignorkz · 01/01/2012 17:32

sorted now bloody iPad!

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RedHelenB · 01/01/2012 18:37

As long as there was full financial disclosure at the time & the consent order has been signed & stamped then there is nothing to worry about, I am surprised his solicitors have acted in this way tbh.

It may be that trying to get the 5000 is like blood from a stone & if his financial position is dire you are stuck with the mortgage unfortunately - maybe ring the estate agents & push them to send prospective buyers round in numbers!!!

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Spero · 01/01/2012 18:57

You are not stuck with the mortgage. If he owes you £5,000 and there is equity of £32,000 the court can eventually order sale of the house whether he co operates or not.

I think it depends on how much you need the £5k and how desperate he will be to hang onto it. If you get sucked into court proceedings, the costs are likely to far outweigh £5k if you instruct solicitors, you may not get all (or any) of your costs back and it will be stressful.

Can you suggest mediation? Maybe he could pay in installments?

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Bignorkz · 02/01/2012 01:06

Thanks for the info ladies, I'll let you now how I get on! Hopefully 2012 will be the year to Get Rid Of The Pain In The Arse Exes......

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