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History: Home UK Divorce Forum
Topic:
CAN AGREEMENT BE CHANGED? (2 Posts)
Started By:
Date:
25 January, 2017 05:51PM
CAN AGREEMENT BE CHANGED?
jermain - 25 January, 2017 05:51PM
We have a draft consent oder in place which is due to be forwarded to court or may have already been sent to court for approval.
The main point is FMH to be sold and 100 percent equity given to Ex which is over 180k.
There is a mortgage of about 180k which has just my name on. As per the oder this needs to be paid off so as to free me.
She suddenly seems to think the house been signed off to her although she cant service the mortgage and the bank wont agree for the transfer as she never works and has no capacity.
My question is can she suddenly change her mind?
Consent was agreed and drafted by both sets of solicitors!
Re: CAN AGREEMENT BE CHANGED?
davidterry - 25 January, 2017 06:02PM
A consent order does not become an order of the court until it is approved by a judge. Up until that point it is theoretically possible to change one's mind although there may be cost and/or other consequences. If there are no dependent children and/or your wife is not especially vulnerable a court would probably not think it particularly attractive that you should have to stay on the mortgage because your wife has changed her mind.
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