What are the consequences of not having a consent order when divorcing? | LawHive - Solicitors & Lawyers Online
What are the consequences of not having a consent order when divorcing?
Good morning I am hoping someone can offer me some advice/hope. I have been separated from my ex-husband for 3 years. We have 3 children and own a house together, he doesn't see the children (lack of contact on his part) and I have no address for him and he tends to respond to messages now and again but his replies are also insulting and abusive and not constructive. We are divorced and last summer he agreed to transfer the equity of the house to my name (I have a mortgage in principle) this has cost £600 in legal fees ... on top of the £6000, I have already spent getting the divorce. Because of his cooperation at this time, my solicitor advised the apply for the decree absolute, which I now have. However, he has now turned around at the final stage of the transfer and said no he won't sign it and has been AWOL since October. We have no consent order and he remains named on the mortgage and deeds. He has not paid anything toward the mortgage (Which is a repayment mortgage) for 3 years and will not communicate regarding a consent order or settlement. Can anyone tell me my options and potential outcomes? What happens if I do nothing... worst and best case scenario What are my chances of having a judge rule in my favor regarding a consent order? (bearing in mind I cannot get any paperwork to him) If I do nothing and he makes a claim later will the payments I have made and any improvements to the property are factored in, as in how do I secure that his interest in the property stops at the time he left and stopped contributing? I am in despair with it all, I am working 51 hours a week to provide for the children and keep everything going and want to make sure all my hard work will be worth it in the end :-( Thank you so much

Anonymous

26th March 2022

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