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Consent Order

Separated from wife 2014, she remained in house. In 2016 we agreed split of house sale (she bought with new partner). She received £75000 I got 29000. However now going through divorce and on consent order she is showing as only having 37500. She says her solicitor has said it is correct as she now owns house with new partner so her original amount is now halved. On paper it looks like she only received 37500 when infant she got 75000. Can this be correct.


replies

    Hi Paul,
    If your wife has bought with her partner and the partner is on the deeds of the new property, then yes technically this is correct. But a recital can be inserted into the consent order explaining that the original split was the greater amount and an accompanying letter to the court can explain the net effect at the time of separation to show she received a larger proportion of the proceeds of sale. The court will also likely take into account that your wife now has a new partner and housing needs are met. Please do book a call here if you'd like to discuss your situation with one of our Divorce Coaches.
    Thanks,
    Kate



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